The applicant union alleged that the responding school board violated the statutory freeze provision under section 81 of the Labour Relations Act by altering the wages and benefits of occasional teachers following certification.
The school board argued that the teachers in question were probationary, not occasional, and thus not covered by the freeze.
The Ontario Labour Relations Board found that the teachers were occasional teachers within the meaning of the Education Act and the collective agreement.
The Board declared that the school board violated the statutory freeze by altering their terms and conditions of employment and ordered full compensation.