Carole Currie

The Ontario Labour Relations Board issued several decisions regarding applications for certification and unfair labour practice complaints.

In the first case, the Board found that the employer violated the Labour Relations Act when three managers obtained signatures on a petition opposing the trade union.

The Board directed a representation vote and ordered remedial measures, including a posting and union access to employees.

Other decisions addressed the appropriate bargaining unit for a specialized business centre in a department store, a duty of fair representation complaint involving municipal technical employees, a sale of a business application concerning a retail food store, and the exclusion of a chemical control supervisor from a bargaining unit based on community of interest.

The respondent employer raised a preliminary objection arguing that the reverse onus provision in section 89(5) of the Labour Relations Act violates the Canadian Charter of Rights and Freedoms, specifically the presumption of innocence and the right not to be compelled as a witness.

The Board dismissed the objection, following its previous jurisprudence that the reverse onus is a matter of evidence and procedure, not a presumption of guilt.

A request for an adjournment to apply to the courts was denied, and the Board proceeded to hear the complaint.