During a lawful strike by retail grocery employees, the company closed its struck stores but attempted to remove perishable goods using personnel from its head office and non-struck stores.
The union applied for a declaration that the company used prohibited replacement workers, while the company applied for restrictions on picketing to allow the removal of the goods.
The Ontario Labour Relations Board held that the company violated section 73.1 of the Labour Relations Act by using prohibited replacement workers to perform bargaining unit work.
The Board dismissed the company's application for picketing restrictions, finding insufficient evidence that the peaceful picketing caused undue disruption to the company's operations within the meaning of section 11.1.
