Israel Palter

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.

The applicant employee applied to terminate the respondent union's bargaining rights at the first open period following a difficult strike and first collective agreement.

The union argued the employee petition was not voluntary due to the applicant's perceived proximity to management, the open gathering of signatures at the plant gates, and prior management statements.

The majority of the Board found the petition was a voluntary expression of employee wishes, noting the applicant was not in a supervisory role and the context of the recent strike diminished concerns about secrecy.

A representation vote was ordered.

One Board member dissented, finding the petition was tainted by management involvement and the overall environment.