The jurisprudence referred to by the parties has not altered the purpose of the freeze provisions. When complaints have been dismissed, they were dismissed on the basis that the complainant either failed to establish that a term and condition of employment was in force at the time notice to bargain was served, or failed to establish that an actual breach of the terms occurred because the employer’s action was specifically permitted under the particular term continued in force. In the PIPSC v. CRA case, the telework arrangements that were in force at the time the notice to bargain was given very specifically provided for the possibility for the employer to terminate these arrangements with reasonable notice.
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