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Unfair labour practice complaint dismissed; withholding wage increase during freeze did not breach Act.
The union filed an unfair labour practice complaint alleging that the employer breached the statutory freeze provisions and other sections of the Labour Relations Act by failing to implement an annual wage increase during a certification drive.
The union also sought certification without a vote under section 8.
The Ontario Labour Relations Board dismissed the complaint, finding that the employer's historical pattern of wage increases was tied to a provincial pattern that had not yet been completed at the time of the complaint.
The Board found no anti-union animus or intimidatory conduct by the employer.
As no violation of the Act was established, the request for certification without a vote was denied, and the ballots from a previously ordered representation vote were directed to be counted.
OLRB includes geographically separated employees in bargaining unit due to integrated operations and community of interest.
The applicant union sought certification for a bargaining unit of employees at the respondent's Kingston plant, arguing that two service mechanics based in Belleville should be excluded due to geographic separation.
The respondent employer argued that its operation was integrated and the Belleville employees should be included.
The Ontario Labour Relations Board applied the Usarco criteria for community of interest and found that the operation was indeed integrated, with significant overlap of work and centralized administration in Kingston.
The Board concluded that a unit excluding the Belleville servicemen would not be appropriate and ordered a representation vote for an inclusive bargaining unit covering both Kingston and Belleville.
