The applicant employer sought relief against the respondent union, alleging that picketing behaviour during a lawful strike contravened several provisions of the Labour Relations Act and caused undue disruption.
The Ontario Labour Relations Board dismissed the application on the pleadings.
The Board found that section 11.1 did not apply because the picketing occurred on a public roadway, not on premises to which the public normally has access.
Furthermore, the Board concluded that the union's alleged conduct did not constitute an unlawful strike, nor did it violate the prohibitions against intimidation or coercion under sections 71 and 73, as the employer's right to operate its business is not a statutory right protected by the Act.
