D. K. Robinson

The union filed an unfair labour practice complaint alleging that the employer violated the Labour Relations Act by denying a leave of absence request from a key inside union organizer, which led to her resignation.

The employer failed to call the district manager who made the decision to deny the leave.

Applying the reverse onus provision, the Board concluded that the employer failed to prove its decision was free from anti-union animus.

The Board directed the employer to reinstate the grievor to her former position.

The complainant union alleged that the grievor was discharged by the respondent employer because of his involvement in a union organizing campaign, contrary to section 58 of the Labour Relations Act.

The employer maintained that the grievor was discharged due to a series of workplace misconduct incidents, including a vehicle accident, drinking on the job, and an insurance premium increase related to his driving record.

The Board found that the employer had no knowledge of the grievor's union activities and that the discharge was based on legitimate reasons free of anti-union animus.

The complaint was dismissed, with one Board member dissenting.