G. McMemeny

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act.

The responding employer failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found that the employer violated the collective agreement by failing to employ union members at two jobsites, issued a cease and desist order, and directed the production of documents and payment of filing fees.

The applicant union filed a certification application and an unfair labour practice complaint against the responding party employer.

The employer's president requested an adjournment on medical grounds, which the Board denied, finding the medical evidence of stress and anxiety insufficient to justify delaying the peremptory hearing.

On the merits, the Board found that the employer breached the Labour Relations Act by demanding employees sign anti-union statements, threatening to close the business, and laying off union supporters.

Concluding that a representation vote would not reflect the employees' true wishes and that no other remedy was sufficient, the Board granted automatic certification under section 11 of the Act.