The union applied for automatic certification under section 11 of the Labour Relations Act, 1995, alleging the employer committed unfair labour practices during an organizing campaign.
The employer actively promoted an alternative 'staff association' and indefinitely suspended the lead inside union organizer for conducting union business on company time.
The Ontario Labour Relations Board found the employer's conduct violated sections 70, 72, and 76 of the Act.
The Board concluded that the cumulative effect of the employer's actions created a climate where a representation vote would not likely reflect the true wishes of the employees.
Consequently, the Board granted automatic certification without a vote.