Judith McCorinack

The union filed an application for certification and an unfair labour practice complaint alleging that the employer terminated two employees for their union organizing activities.

The Ontario Labour Relations Board found that the employer failed to discharge its burden of proof under section 89(5) of the Labour Relations Act, concluding that the terminations were tainted by anti-union animus in violation of sections 64 and 66.

Given the chilling effect of discharging union organizers, the Board determined that the true wishes of the employees were not likely to be ascertained through a representation vote.

Consequently, the Board certified the union under section 8 of the Act and ordered the reinstatement and compensation of the terminated employees.