During a lawful strike by cleaning staff employed by Modern Building Cleaning at the Ontario Science Centre, the union alleged that both Modern and the Centre breached the replacement worker provisions of the Labour Relations Act.
The Centre's management had picked up garbage, and Modern had introduced new cleaning machinery.
On preliminary objections, the Board dismissed the allegations against the Centre, finding no prima facie case that it acted 'on behalf of' Modern.
The Board also dismissed the allegation that introducing new machinery breached section 73.1, as the statute does not prohibit the use of machinery to perform struck work.
The remaining allegations regarding bargaining unit personnel performing struck work were allowed to proceed, after which the parties settled.
