Representation vote set aside and new vote ordered due to employer-sponsored intimidation and death threats.
The union filed an unfair labour practice complaint and sought to set aside a representation vote that resulted in a tie.
The union alleged that the employer hired two individuals, who were known gang members, to intimidate and threaten union organizers and supporters with violence, including death threats, if the union won the vote.
The Board found that the employer was responsible for the intimidation, which violated several sections of the Labour Relations Act.
The Board set aside the representation vote, ordered a new vote, and granted extensive remedial relief, including union access to the workplace and reimbursement of organizing costs.
United Steelworkers of America v. Baron Metal Industries Inc., 2001 CanLII 8972