The applicant union sought an interim order under section 92.1 of the Labour Relations Act to reinstate an employee who was allegedly discharged for his union organizing activities.
The responding party employer contended that the employee was discharged for stealing cigarettes.
The majority of the Board dismissed the application, finding that the potential harm to the employer of reinstating an employee discharged for theft outweighed the financial harm to the employee and the alleged chilling effect on the union's organizing drive, particularly given the delay in bringing the application.
A dissenting Board member would have granted the interim reinstatement.
