W. Robb

The applicants sought a declaration and cease-and-desist order against the respondent union for engaging in site-wide picketing during a lawful province-wide strike in the ICI sector.

The picketing caused employees of other trades, who were not in a legal strike position, to refuse to cross the picket lines, effectively halting all construction activity in the Sarnia area.

The Board found that while the respondent was engaged in a lawful strike, picketing directed at employees of employers unconnected to the dispute (other than by geography) constituted secondary picketing that caused an unlawful strike.

The Board ordered the respondent to cease picketing at common sites unless reserved gates were established or struck work was being performed.

The applicant union filed an application under section 1(4) of the Labour Relations Act seeking a related employer declaration concerning Ethyl Canada, Inc. and its mechanical subcontractor, F.I.R.M. The respondents sought a preliminary ruling to dismiss the application without hearing further evidence, arguing that the application could not succeed due to F.I.R.M.'s pre-existing bargaining rights and the applicant's delay.

The Ontario Labour Relations Board declined to dismiss the application at the preliminary stage, finding that the issues of delay and pre-existing bargaining rights go to the heart of the section 1(4) application and should be determined after the union has had an opportunity to present its full case.