The union applied for certification and filed an unfair labour practice complaint alleging the employer interfered with its organizing campaign by laying off 14 employees, granting a sudden wage increase, and engaging in intimidation.
The Board found that the employer's actions, particularly the layoffs and wage increase, were motivated by anti-union animus and violated the Labour Relations Act.
Concluding that the employer's misconduct created a climate where the true wishes of the employees could not be ascertained, the Board exercised its discretion under section 8 to certify the union and ordered the reinstatement of the laid-off employees with compensation.