Karen J. Weinstein

The complainant filed an unfair labour practice complaint against his union.

In an earlier decision, the Board dismissed most of the complaint but remained seized of the issue regarding the union's publication of a letter retracting its decision to bar the complainant from holding union office.

The union subsequently posted the retraction letter.

The complainant then sought to expand the proceeding to litigate whether the initial decision to bar him from office violated the Labour Relations Act.

The Board declined to inquire into the matter, noting that the penalty had been fully retracted and that litigating a moot issue solely to obtain a declaration of a breach would not serve a useful labour relations purpose.

The remaining aspect of the complaint was dismissed.

The union applied for certification and filed an unfair labour practice complaint alleging that the employer interfered with its organizing campaign.

The Board found that the employer violated the Labour Relations Act by interrogating employees about their union support, holding captive audience meetings that threatened job security, laying off two union supporters, and participating in the circulation of an anti-union petition.

The Board ordered the employer to compensate the laid-off employees, post a notice of rights, and permit the union to hold a meeting with employees.

Having resolved the list of employees, the Board granted certification to the union.

The applicant trade union applied for certification in the construction industry.

The Board appointed a Labour Relations Officer to inquire into the list of employees in the bargaining unit.

The parties disputed whether several individuals performed bargaining unit work on the application date.

The Board found that one employee performed on-site work and three shop employees were commonly associated with on-site employees, placing them in the bargaining unit.

One employee was found not to have performed bargaining unit work on the application date and was excluded from the list.