The Ontario Nurses' Association filed an unfair labour practice complaint against Comcare, alleging that the employer's actions during a lawful strike violated the Labour Relations Act, 1995.
The union argued that the employer unlawfully intimidated striking nurses by contacting them about their availability, issuing Records of Employment, and terminating their benefits.
The union also alleged that the employer's use and payment of replacement workers constituted unlawful strike-breaking and surface bargaining.
The Ontario Labour Relations Board dismissed the application, finding that the employer's communications, while 'playing hardball' and intended to bring home the economic consequences of the strike, were not unlawfully intimidating or coercive.
The Board also found that the employer had a rational business reason for its use and payment of replacement workers, and that its actions did not constitute a breach of the Act.