The applicant union sought certification under section 8 of the Labour Relations Act, alleging the employer committed unfair labour practices during an organizing campaign.
The employer laid off the primary union organizer, threatened plant closure, and encouraged the formation of an alternative employee committee.
Although the employer later reinstated the organizer and issued a letter recognizing employee rights, the Board found these remedial steps insufficient to erase the chilling effect of the earlier threats.
The Board concluded the employer violated sections 64 and 66, the true wishes of the employees were unlikely to be ascertained, and the union had adequate support for collective bargaining.
The Board exercised its discretion to certify the union without a vote.
One Board member dissented.