The union applied for certification and filed an unfair labour practice complaint, alleging the employer terminated two employees and held a captive audience meeting to thwart an organizing campaign.
The Board found the employer's explanation of a work shortage lacked credibility and concluded the terminations and the meeting, which included threats to job security and promises of benefits, violated the Labour Relations Act.
Finding that the employer's substantial misconduct made it unlikely the true wishes of the employees could be ascertained in a representation vote, and that the union had adequate membership support, the Board certified the union under section 8 and ordered reinstatement and compensation for the terminated employees.