The union filed a complaint alleging the employer violated the Labour Relations Act by issuing disciplinary letters to three transit drivers who refused to work voluntary overtime.
The refusal was part of a union-imposed ban on overtime during a legal strike position.
The Board held that a concerted refusal to work overtime constitutes a strike, and because the employees were in a legal strike position, their participation was a protected right under the Act.
The employer's disciplinary action amounted to prohibited discrimination and penalization for exercising a statutory right.
The employer was directed to remove the warning letters from the employees' files, but the union's application for consent to prosecute was denied.
