Brian W. King

The union applied for certification and filed an unfair labour practice complaint alleging the employer laid off two employees and solicited anti-union petitions in response to an organizing campaign.

The Ontario Labour Relations Board found that the employer violated sections 65 and 67 of the Labour Relations Act by laying off the employees for their union activity and by interfering in the selection of a trade union.

Concluding that the true wishes of the employees were unlikely to be ascertained due to the employer's unlawful conduct, the Board certified the union under section 9.2 of the Act and ordered the reinstatement of the laid-off employees with compensation.

The applicant union sought interim relief pending the final disposition of an unfair labour practice discharge complaint.

The Ontario Labour Relations Board found an arguable case for the relief requested and that the balance of harm favoured the applicant.

The Board directed the responding party employer to reinstate the two discharged employees on an interim basis and to post a notice to employees regarding their rights under the Labour Relations Act.