James B. Chadwick

The applicant employer filed applications for a consent to prosecute and a cease-and-desist direction against the respondent union and several individuals, alleging an unlawful strike arising from picketing at the applicant's premises.

The Ontario Labour Relations Board dismissed the applications, finding that no employees failed to perform their scheduled shifts and therefore no "strike" within the meaning of the Labour Relations Act had occurred.

A dissenting board member would have granted the requested order, arguing that the concerted activity was designed to restrict or limit output by dissuading the public from patronizing the restaurant.

The applicant union applied for certification.

The Board previously found that the union lacked majority support without a disputed membership card and considered ordering a representation vote.

The union requested certification under section 8 of the Labour Relations Act, arguing that the employer's unlawful discharge of a union supporter and involvement in employee statements of desire made a free representation vote unlikely.

The Board found that the employer's unlawful discharge of an employee for union activity would prevent the true wishes of employees from being freely ascertained in a vote.

The Board granted certification under section 8.