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Interim relief to prevent employers from imposing specific vacation weeks denied based on balance of harm.
The applicant unions sought interim relief under section 92.1 of the Labour Relations Act to prevent the responding school boards from imposing specific vacation weeks on employees during the summer.
The unions alleged that the employers' actions violated the freeze period under section 81 and constituted an unlawful lock-out under section 74.
The Ontario Labour Relations Board dismissed the applications, finding that while the unions may have an arguable case on some issues, the balance of harm did not favour granting interim relief.
Granting the orders would effectively give the unions a total victory without a hearing on the merits, and any harm to employees could be remedied through compensation if the unions ultimately succeeded.
