The applicant filed an unfair labour practice complaint alleging the employer contravened section 67 of the Labour Relations Act by issuing a one-day suspension.
The Ontario Labour Relations Board declined to inquire into the complaint, finding that the dispute primarily concerned work practices and regulations rather than the exercise of statutory rights.
Noting that the parties had an established collective bargaining relationship and that an arbitrator had broader jurisdiction to resolve the issues under the collective agreement, the Board deferred the matter to arbitration and adjourned the application sine die.
