Quinto Ceolin

The applicant union filed an application for certification and an unfair labour practice complaint alleging that the employer improperly interfered in the employees' selection of a trade union by encouraging them to join the intervener union instead of the applicant.

The Board found that the employer's conduct violated sections 64 and 70 of the Labour Relations Act.

However, the Board declined to dismiss the intervener's certification application under section 13 of the Act, finding no complicity by the intervener in the employer's improper conduct.

The Board ordered the employer to post a notice to employees and directed that the certification applications proceed to a hearing on the remaining issues.

During a hearing for certification and unfair labour practice complaints, the applicant union sought to declare its own witness hostile and cross-examine him.

The witness had given testimony inconsistent with a prior statement made to the applicant's counsel regarding the employer's anti-union remarks.

The Ontario Labour Relations Board reviewed section 23 of the Evidence Act and the common law distinction between an 'adverse' and 'hostile' witness.

Finding the witness both adverse and hostile due to his prior inconsistent statement and demeanour, the Board granted the applicant leave to cross-examine the witness on all relevant matters.