The complainant union filed a complaint alleging the employer breached the statutory freeze under section 79(2) of the Labour Relations Act by altering employee privileges while a certification application was pending.
The employer and the incumbent union (intervener) argued the Board should not inquire into the complaint because there was a subsisting collective agreement, the certification application was untimely, and the matter should be deferred to arbitration.
The Board held that section 79(2) applies even when there is an incumbent union and declined to defer to arbitration, noting the complainant was not a party to the collective agreement.
The Board also reconsidered its initial ruling and granted the intervener status to participate in the proceedings.
