Adrian Hill

The applicant union filed a matter before the Ontario Labour Relations Board against the responding union.

Having regard to the agreement of the parties, the Board ordered the matter withdrawn.

The complainant alleged he was discharged by the respondent contrary to section 66(a) of the Labour Relations Act for his union activities.

The respondent claimed the discharge was due to the complainant's involvement in overcharging a client.

The Board found that the respondent's actions, including circumventing the union's bargaining rights and abruptly discharging the complainant shortly before collective bargaining was to begin, demonstrated anti-union animus.

The Board concluded the discharge was tainted by anti-union motivation and ordered the complainant's reinstatement with compensation, subject to a reduction for a brief delay in filing the complaint.

The applicant trade union applied for a declaration under section 1(4) of the Labour Relations Act that Trans-Nation Incorporated and Valentine Enterprises Contracting constituted one employer.

While the Board assumed the two entities were under common control or direction, it found they were not carrying on associated or related activities.

Trans-Nation was engaged in acquiring and refurbishing commercial buildings, whereas Valentine performed sewer and watermain work.

The Board concluded the businesses did not serve the same market or employ the same mode of production.

The application was dismissed, with one Board Member dissenting.