The union filed an unfair labour practice complaint alleging the employer engaged in a pattern of anti-union conduct, including contracting out bargaining unit work and transferring non-union employees to the unionized plant at higher wage rates during the period leading up to a representation vote on the termination of bargaining rights.
The Ontario Labour Relations Board found that the employer's actions, which also included tabling a discriminatory wage offer, violated the Labour Relations Act by undermining the union and interfering with the employees' ability to vote freely.
The Board ordered the employer to cease contracting out, stop discriminatory transfers, table a non-discriminatory wage offer, and directed that a new representation vote be held after three months.
