The complainants alleged that the respondent employer breached section 66(a) of the Labour Relations Act by refusing to return them to work following a legal strike.
The employer claimed the refusal was based on its policy not to reinstate employees charged with strike-related offences, and that the final list of non-returnees was negotiated with the union based on seniority.
The Board found no anti-union animus in the employer's general policy or its application to four of the complainants.
However, the Board concluded that the refusal to reinstate one complainant, a union steward and picket captain, was motivated by anti-union animus.
The Board ordered his reinstatement with compensation.
