Ronald Gruber

The applicant employer sought declarations that the concerted refusal of its employees to work overtime during a period of layoffs constituted an illegal strike under the Labour Relations Act.

The respondent union had a long-standing bylaw, accepted by the employer in practice, prohibiting overtime work while members were laid off.

The Board found that the employees were acting in accordance with a common understanding.

However, the Board declined to decide whether the conduct met the definition of a strike, instead exercising its discretion under section 92 of the Act to refuse the requested declarations and remedies.

The Board reasoned that intervening would not serve the interests of harmonious labour relations given the parties' historical acceptance of the practice and the voluntary nature of overtime under the collective agreement.

The applicant employer applied under section 59(2) of the Labour Relations Act to terminate the respondent union's bargaining rights.

The union had given notice to bargain in February 1983 but failed to commence bargaining or demonstrate any continued interest in its bargaining rights.

The bargaining unit had no employees since the plant's boiler system was automated in March 1982.

The union did not reply to the application and failed to appear at the hearing.

The Ontario Labour Relations Board exercised its discretion to terminate the union's bargaining rights without a representation vote.

Following a finding that the employer committed an unfair labour practice by failing to disclose a planned plant closure during collective bargaining, the Board held a hearing to assess damages for the union's loss of opportunity to negotiate.

The Board found that the union would likely have achieved improved severance and priority hiring rights had the closure been disclosed.

The Board awarded damages to affected employees equal to 25% of the difference between the severance they received and the severance paid to non-bargaining unit employees, along with priority hiring rights at other plants.

The complainant trade union alleged that the respondent employer violated the Labour Relations Act by failing to disclose during collective bargaining that its Hamilton plant would be closed.

The employer announced the closure shortly after a new collective agreement was signed.

The Board found that the employer had made a de facto decision to close the plant during bargaining and that its failure to disclose this information was tantamount to a misrepresentation, violating the duty to bargain in good faith under section 15 of the Act.

The Board directed a hearing to determine damages.