R. Sloan

The applicant applied to terminate the bargaining rights of the responding party union.

At the hearing to determine the voluntariness of the petition filed in support of the application, the applicant provided evidence of the petition's preparation but failed to provide evidence regarding its circulation, continuity of carriage, or the circumstances under which each signature was collected.

The union brought a non-suit motion.

The Board granted the non-suit motion and dismissed the application, finding that the applicant failed to meet its onus to prove the petition represented the voluntary wishes of the employees.

The applicant union applied for certification to represent dependent contractor taxi drivers and filed an unfair labour practice complaint alleging the respondent employer terminated 11 drivers for union activity.

The employer claimed the terminations were strictly for economic reasons due to a downturn in business.

The Board found the employer's economic justification insufficient to explain the specific selection of the 11 drivers, all of whom had recently signed union cards.

The Board inferred anti-union animus, ordered the drivers reinstated with compensation, directed the posting of a notice, and issued a certificate to the union.