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Section 73.1 prohibition on replacement workers applies prospectively to strikes that commenced before its enactment.
The applicant union alleged that the responding employers violated section 73.1 of the Labour Relations Act by using replacement workers during a lawful strike.
The employers brought a preliminary motion to dismiss the application, arguing that section 73.1, which came into force on January 1, 1993, did not apply because the strike and the hiring of replacement workers occurred prior to its enactment.
The majority of the Board dismissed the motion, finding that section 73.1 is not retroactive but applies prospectively to the ongoing status of a strike, prohibiting the continued use of replacement workers after the statutory preconditions are met.
The presumption against retrospectivity did not apply.
