The complainant union alleged that the respondent hospital violated the statutory freeze provisions of section 13 of the Hospital Labour Disputes Arbitration Act.
The respondent raised a preliminary objection, arguing that a collective agreement was in operation at the relevant time by virtue of the Inflation Restraint Act, 1982 (Bill 179).
The Board sustained the preliminary objection, finding that sections 9 and 13 of Bill 179 extended the compensation plan and continued the collective agreement in force, thereby precluding the application of the statutory freeze.
The complaint was dismissed.