The union filed an unfair labour practice complaint alleging that the employer violated the statutory freeze provisions under section 81(1) of the Labour Relations Act by unilaterally changing its policy regarding sales commissions on returns and account corrections.
The employer argued that the change was part of its normal business practice and within its management rights.
The Board applied the 'reasonable expectations' test and found that the complete elimination of commissions in these circumstances, contrary to a policy that had been in place for at least five years, was not within the reasonable expectations of the employees.
The Board declared that the employer violated the Act and ordered compensation for affected bargaining unit members.
