The union filed an unfair labour practice complaint alleging that the employer terminated three employees due to anti-union animus during an organizing campaign.
The union also sought certification without a vote under section 9.2 of the Labour Relations Act.
The Board found that the employer's stated reasons for the terminations were pretextual and that the decisions were motivated by a belief that the employees supported the union.
Given the employer's serious violations, including interrogating employees and terminating union supporters, the Board concluded that the true wishes of the employees were not likely to be ascertained.
The Board ordered the reinstatement of the employees with compensation and certified the union.