Unfair labour practice complaint dismissed; termination for throwing explosive devices during strike lacked anti-union animus.
The applicant union brought an unfair labour practice complaint alleging that the responding party employer violated the Labour Relations Act, 1995 by terminating the employment of a striking employee.
The employee had thrown altered fireworks onto the employer's property during a lawful strike, causing a police bomb squad response and a highway closure.
The Board found no evidence of anti-union animus to support a violation of sections 72 or 76.
Applying the non-motive test for section 70, the Board concluded that the termination did not interfere with any protected union activity, as the employer's decision was based solely on the employee's dangerous conduct.
The application was dismissed.
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada) and its Local 112 v. Toromont Cat, a Division of Toromont Industries Ltd., 2001 CanLII 5107