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Unfair labour practice complaint dismissed; employer proved discharge was for picket line misconduct, not anti-union animus.
The complainant union alleged that the grievor was discharged contrary to section 66 of the Labour Relations Act due to his union activities during a legal strike.
The employer maintained the grievor was discharged for intimidating and threatening conduct on the picket line when he reached into a company van transporting replacement workers.
The Board found the employer met its burden under section 89(5) to prove the discharge was not motivated by anti-union animus, but rather by the grievor's picket line misconduct.
The Board also found no breach of the Act regarding the employer's failure to reinstate the grievor under the 'no reprisals' clause, as the settlement was prospective.
The complaint was dismissed.
