John Brady

The applicant union filed displacement applications for certification for full-time and part-time bargaining units of nurses.

A dispute arose regarding the composition of the full-time bargaining unit, which appeared to contain only one person.

The intervenor union argued that the application for the full-time unit must be dismissed because section 9(1) of the Labour Relations Act, 1995 requires a bargaining unit to consist of more than one employee.

The Board noted that while its practice in displacement applications is to find the incumbent's bargaining unit appropriate, section 9(1) may preclude this if the unit has only one person.

The Board deferred its decision and invited the parties to make further submissions on the interpretation of section 9(1) and the appropriate bargaining unit.

The union applied for certification and filed an unfair labour practice complaint after losing a representation vote.

The employer failed to appear at the hearing.

The Board heard evidence that the employer's plant manager and a labour relations consultant threatened employees with job losses, wage reductions, and plant closure if the union was certified.

The Board found the employer violated sections 70, 72, and 76 of the Labour Relations Act, 1995.

The Board granted remedial certification under section 11 and ordered the reinstatement of an inside organizer who had resigned under the reasonable belief that he would be fired for his union activities.