The union filed an unfair labour practice complaint alleging that the employer violated the Labour Relations Act by terminating or reducing the hours of several temporary workers supplied by employment agencies.
This action was allegedly taken in response to a grievance filed by the union claiming these workers were employees covered by the collective agreement.
The Board found that the agency workers were employees of the employer for the purposes of the Act, given the high degree of control exercised over them.
The Board further held that the employer's actions in reducing their hours and terminating them were motivated by anti-union animus and a desire to penalize them for the grievance, thereby violating sections 64, 66, and 80(1) of the Act.
The employer was ordered to reinstate the workers with compensation.
