Union certified under section 7a and damages awarded due to employer's egregious unfair labour practices.
The applicant union applied for certification and filed an unfair labour practice complaint against the respondent employer.
During the union's organizing campaign, the employer engaged in extensive anti-union conduct, including the overt surveillance and harassment of two key union organizers, holding repeated anti-union meetings with small groups of employees, intimidating employees who were scheduled to testify before the Board, and discharging an employee for his pro-union sympathies.
The Ontario Labour Relations Board found that the employer's egregious violations of the Labour Relations Act created a chilling effect that prevented the true wishes of the employees from being ascertained.
Concluding that the union's 40% membership support was adequate for collective bargaining, the Board exercised its discretion under section 7a of the Act to certify the union.
The Board also ordered comprehensive remedial relief, including cease and desist orders, union access to the workplace, a posting order, and $500 in damages to each of the two harassed employees.
Service Employees' International Union, Local 183 v. K-Mart Canada Limited (Peterborough), 1981 CanLII 932
