Employer's pre-vote wage increase violated statutory freeze and constituted unfair labour practice; new vote ordered.
The union applied for certification and filed unfair labour practice complaints alleging the employer implemented a significant wage increase two days before a representation vote and made threats regarding unionization.
The Board found that the wage increase, even if decided earlier, was implemented to influence the vote, violating sections 70 and 72 of the Labour Relations Act.
The unilateral wage increase also violated the statutory freeze under section 86(2).
Consequently, the Board ordered a second representation vote under section 11, determining that the voting constituency must be based on the original application date to prevent the employer from benefiting from its unlawful conduct.
Labourers' International Union of North America, Local 183 v. B. G. Schickedanz Homes Inc., 1999 CanLII 20185
