M. Fayrs

The applicant union referred a grievance to the Board under section 124 of the Labour Relations Act, alleging the respondent employer violated the provincial collective agreement by employing a non-union member as an oiler without first calling the union's hiring hall.

The Board denied the respondent's request for an adjournment pending a judicial review application.

On the merits, the Board found the respondent breached the union security clause, ordered compensation for lost wages and benefits to be paid in trust, and issued a cease-and-desist order.

The applicant union applied for certification and requested a pre-hearing representation vote.

The Board found that the applicant had the requisite membership support and directed that a pre-hearing vote be taken.

The intervener requested that the ballot box be sealed based on allegations that the applicant's organizers told employees they would have to join later and pay $25.00 if they did not sign a card.

The Board declined to seal the ballot box, finding that the allegations, even if established, would not affect the applicant's entitlement to the pre-hearing vote.