The applicant school board sought a declaration that the issuance of 'pink letters' by the respondent teachers' federations, advising members not to apply for or accept employment in the board's continuing education program (night school and summer school), constituted an unlawful strike.
The Ontario Labour Relations Board dismissed the application.
It held that the continuing education program was not a 'school program' within the meaning of the School Boards and Teachers Collective Negotiations Act, and therefore the concerted refusal to apply for positions did not constitute a strike under that Act.
Furthermore, the Board found that the teachers were not employees in respect of the continuing education program and had no obligation to staff it, meaning their actions did not constitute a strike under the Labour Relations Act.
