The applicants sought a cease and desist direction under section 123 of the Labour Relations Act, alleging that the respondent unions and their officials called, authorized, or encouraged an unlawful strike at a mine reactivation project.
The Board found that while an unlawful strike did occur, the evidence did not establish that the respondents called, authorized, or encouraged it.
In fact, the union official attempted to avert the strike and sought to have members work in compliance with the collective agreement.
The application was dismissed against all respondents.