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Employer's covert support of a union without its knowledge does not invalidate subsequent collective agreements.
The applicant union filed multiple certification applications for employees at various Swiss Chalet restaurants.
The respondent employers and intervener unions argued the applications were untimely due to existing collective agreements.
The applicant alleged that the employer had previously provided covert support to the intervener union by hiring undercover operatives to assist in its organizing campaign, thereby invalidating the existing collective agreements under sections 13 and 48 of the Labour Relations Act.
The Board found that the employer did violate section 64 by providing covert support, but because the intervener union was unaware of this support, its independence was not compromised.
Consequently, the existing collective agreements remained valid, and most of the certification applications were dismissed as untimely.
