The applicant union sought a determination under section 73.2(12) of the Labour Relations Act regarding the employer's use of specified replacement workers during a strike at its brewery.
The employer argued that replacement workers were necessary to operate the power plant to prevent danger to life, health, or safety, and to prevent serious deterioration of equipment.
The Ontario Labour Relations Board found that while an engineer was required to monitor the plant even if production ceased, the employer already had two managerial employees capable of safely operating the plant.
The Board concluded that the employer failed to establish that additional specified replacement workers were necessary within the meaning of section 73.2(3).
The application was granted and the employer was prohibited from using the specified replacement workers.
