Dale L. Hewat

The applicant union applied for certification and requested relief under section 9.2 of the Labour Relations Act, alleging that the employer committed numerous unfair labour practices during the organizing campaign.

The Board found that the employer violated the Act by holding captive audience meetings, posting anti-union materials that threatened job security and economic benefits, assisting with an anti-union petition, intimidating a witness, and disciplining a key inside union organizer.

The Board concluded that the cumulative effect of these violations created an atmosphere where the true wishes of the employees could not be ascertained.

Consequently, the Board granted automatic certification without a representation vote.

The union filed an unfair labour practice complaint alleging that the employer bargained in bad faith and committed reprisals by abolishing the Quality Assurance Inspector positions after a successful classification grievance and salary arbitration.

The employer brought a preliminary motion requesting the Board to defer the matter to the Grievance Settlement Board.

The Board declined to defer, finding that the allegations involved significant statutory rights under the Labour Relations Act that were not essentially contractual in nature, and that the remedial powers of the arbitrator might be inadequate to address the alleged bad faith bargaining and anti-union animus.