The applicant employer filed applications for a consent to prosecute and a cease-and-desist direction against the respondent union and several individuals, alleging an unlawful strike arising from picketing at the applicant's premises.
The Ontario Labour Relations Board dismissed the applications, finding that no employees failed to perform their scheduled shifts and therefore no "strike" within the meaning of the Labour Relations Act had occurred.
A dissenting board member would have granted the requested order, arguing that the concerted activity was designed to restrict or limit output by dissuading the public from patronizing the restaurant.
