The complainant union filed an unfair labour practice complaint alleging the employer violated the statutory freeze period under section 79 of the Labour Relations Act by unilaterally opening its retail store on Sundays.
The store had never previously been open on Sundays.
The employer argued it was responding to market pressures from competitors and that Sunday shifts were strictly voluntary.
The Board found that while the employer has the right to manage its operations and respond to market pressures, opening on Sundays was not "business as usual" given the unique legal and social history of Sunday as a non-working day.
The Board concluded the employer breached the statutory freeze but declined to order remedial relief.
