The union applied for a declaration that Ottawa Valley Autistic Homes is a 'hospital' under the Hospital Labour Disputes Arbitration Act (HLDAA) and that a lock-out by the employer was illegal.
The Board advised the Minister that the agency, which provides residential and vocational services to autistic individuals, is an institution operated for the observation, care, or treatment of persons afflicted with a physical or mental illness, and thus qualifies as a hospital.
However, the Board dismissed the application for a declaration of an illegal lock-out, finding that the lock-out was legal under the Labour Relations Act until the Minister formally replaced the initial no-board report with a notice under the HLDAA.
