Anne McAllister

The applicant union applied for certification and filed an unfair labour practice complaint against the respondent employer.

The employer alleged that the union's membership evidence was unreliable because an employee had threatened another employee with job loss and higher initiation fees if he did not join the union.

The Board found that the employee who made the statements was not acting as a collector or agent for the union, but was merely a rank-and-file employee trying to influence a friend.

As peer pressure does not invalidate membership evidence, the Board found the evidence reliable and granted the certificate.

The union subsequently withdrew its unfair labour practice complaint.

The complainant union alleged that the employer committed unfair labour practices under sections 64 and 67(1) of the Labour Relations Act by communicating directly with bargaining unit employees regarding a proposed extension agreement.

The employer had sought to negotiate an extension agreement with the union to match a competitor's terms, but the union refused to meet.

The employer subsequently sent letters to employees and had management personnel speak with employees on the plant floor.

The Board dismissed the complaint, finding that the employer did not attempt to bargain directly with the employees and that the communications were protected by the employer's freedom of expression under section 64, as they did not involve coercion, intimidation, threats, promises, or undue influence.