The applicant union applied for certification and filed an unfair labour practice complaint, alleging the employer interfered with its organizing campaign through bulletins, warnings to organizers, and the announcement of wage and benefit increases.
The Board found that the employer violated sections 65 and 67 of the Labour Relations Act by issuing coercive bulletins, arbitrarily enforcing a no-solicitation rule against organizers, and announcing benefits in a manner that constituted undue influence.
However, the Board declined to grant certification without a vote under section 9.2, concluding that the true wishes of the employees could be ascertained through a representation vote following extensive remedial orders, including the posting of notices and union access to the workplace.
