2 total
Employer committed unfair labour practice by laying off employee due to anti-union animus.
The complainant union filed an unfair labour practice complaint alleging that the respondent employer engaged in a series of anti-union actions following certification, culminating in the layoff of a bargaining unit employee and the removal of a secretary from the unit.
The Board found that the employer's conduct demonstrated a persistent pattern of anti-union animus.
The Board concluded that the layoff was motivated by anti-union animus and ordered the employee's reinstatement with back pay.
However, the Board dismissed the complaint regarding the secretary, finding her removal was motivated by genuine business considerations related to her confidential duties.
Sale of a business suspends an ongoing strike until statutory preconditions are met with the successor employer.
The applicant employer sought a declaration that a strike continued by the respondent union after the sale of a business was unlawful.
The Board held that under section 63 of the Labour Relations Act, the sale of a business suspends a union's right to strike until the statutory preconditions, including notice to bargain and conciliation, have been exhausted with the successor employer.
However, the Board declined to exercise its discretion to declare the strike unlawful because the employer had taken the position that the sole employee was terminated, creating substantial uncertainty.
The application was dismissed.
