The applicant employer filed a complaint alleging that its employees engaged in an unlawful strike by concertedly refusing to work overtime.
The employees, who worked in a continuous production process, had become frustrated with a reduction in staffing and an increased workload.
They collectively decided to refuse all overtime work, despite a collective agreement provision making overtime voluntary.
The Ontario Labour Relations Board held that a concerted refusal to work voluntary overtime constitutes a strike under the Labour Relations Act.
Finding that the employees' actions were an unlawful strike during the term of a collective agreement, the Board exercised its discretion to issue a declaration and a cease and desist order.
