[1994] OLRB Rep. July 883
1118-94-U International Brotherhood of Electrical Workers' Local 636. Applicant v. Mississauga Hydro Electric Company, Responding Party
BEFORE: G. T. Surdykowski, Vice-Chair, and Board Members J. A. Ronson and C. McDonald.
APPEARANCES: Michael McFadden, Harold Vance and Rick Wacheski for the applicant; R. Budd, Ingrid Hann and Jo Ann Morello for the responding party.
DECISION OF THE BOARD; July 6, 1994
The title of this proceeding is amended to describe the responding party as: "Mississauga Hydro Electric Company".
Having considered the evidence and representations of the parties at the hearing on July 5, 1994, the majority of the Board (Board Member Ronson dissenting) is satisfied that, in the circumstances of this case, the wearing of white T-shirts bearing the red lettering "Solidarity Lives IBEW 636" in the workplace was lawful activity protected by the Labour Relations Act, which activity the responding employer sought to stop. The responding employer has refused, and continues to refuse, to allow employees wearing such T-shirts to work in an effort to induce or compel them to refrain from exercising their rights under the Act and has therefore locked out the employees, within the meaning of section 1(1) and section 73.1 of the Labour Relations Act.
The Board is therefore satisfied that the provisions of section 73.1 apply and, further, that the responding employer has breached section 73.1(4) of the Act by using the services of employees in the bargaining unit during the lock-out.
The Board therefore declares that:
(a) the employer has violated section 73.1(4) of the Labour Relations Act by using the services of employees in a bargaining unit that is locked-out;
(b) declares that the responding employer has violated sections 67 and 71 of the Labour Relations Act;
(c) orders the responding employer to cease and desist from continuing to use the services of employees in the bargaining unit that is locked-out for so long as the lock-out continues.
- The Board reserves its decision with respect to the remaining issues. The Board's decision in that respect, and the Board's reasons herein will follow in writing.