The union applied for certification and filed an unfair labour practice complaint, alleging that the employer, Grant Development Corporation, laid off all employees known or believed to be union supporters upon learning of the certification application.
Grant argued that the Band was the true employer and that the layoffs were due to a lack of work and a commercial dispute.
The Board found that Grant was the true employer, as it exercised fundamental control over the workers.
The Board further found that the mass layoff was motivated by anti-union animus, violating the Labour Relations Act.
The Board ordered the reinstatement of the aggrieved employees with compensation and granted the union certification under both section 7(2) and section 8 of the Act.
