The Freeze Provision Explained
What Labour Board Decisions Say
What the Supreme Court Says
The Supreme Court of Canada has been equally clear that the freeze provision of the Ontario Labour Relations Act prohibits the parties from changing any terms and conditions of the collective agreement during the transition in union representation.
Justice La Forest stated that “it is only sensible that the terms and conditions formerly considered in a collective agreement be presumed to continue to govern the relationship, absent circumstances that would imply otherwise.” (CAIMAW Local 14 v. Paccar of Canada Ltd. 1989, 62 D.L.R. [4th], 437)
