The union filed an unfair labour practice complaint alleging that the employer terminated four employees because they acted as inside organizers for the union.
The employer claimed the terminations were part of a normal course layoff due to restructuring and performance issues.
During the hearing, the employer sought to call a witness in reply to contradict the union's evidence, which the Board denied as improper case-splitting.
Applying the reverse onus under section 91(5) of the Labour Relations Act, the Board found the employer failed to establish that the decision to terminate the four organizers was free of anti-union animus.
The Board ordered the immediate reinstatement of the employees with full compensation.