The Toronto Transit Commission (TTC) brought an application alleging that union leaders and organizations breached section 83 of the Labour Relations Act by encouraging protesters to picket TTC sites during the 'Days of Protest', which would cause TTC employees to engage in an unlawful strike.
The Ontario Labour Relations Board found that verbal statements constitute 'acts' under section 83 and that the provision's restriction on Charter rights of expression and assembly is demonstrably justified.
The Board concluded that two union leaders breached the Act and issued cease and desist orders restricting picketing at TTC access points to ensure employees could work, while dismissing the application against a third leader and the organizations.
A dissenting member argued that section 83 should not apply to political speech and that the restrictions were not justified under the Charter.
