The union filed a complaint alleging the employer violated the statutory freeze provisions of the Labour Relations Act by refusing to pay maturity and promotional salary increases after the expiry of the collective agreement.
The employer argued that its historical practice during freeze periods was not to pay such increases, establishing a privilege or 'business as usual'.
The majority of the Board upheld the complaint, finding that the clear language of the expired collective agreement governed the freeze period, and the employer's past practice during previous freezes did not override the terms of the agreement.
The employer was ordered to pay the increases.
