Robert A. McDermid

The union applied for certification and filed an unfair labour practice complaint alleging that the employer laid off several employees and held a captive audience meeting in response to a union organizing campaign.

The Board found that the employer became aware of the organizing activities and laid off four employees, including the key organizers, motivated at least in part by anti-union animus.

The Board also found that statements made by management at a captive audience meeting constituted unlawful threats and promises.

The Board ordered reinstatement and compensation for the affected employees, a posting and mailing of a notice, and union access to the workplace.

The Board further found that the union had sufficient membership support to be certified without a representation vote.

The applicant filed a second application to terminate the union's bargaining rights shortly after a previous application was dismissed.

The union requested the Board to exercise its discretion under section 103(2)(i) of the Labour Relations Act to refuse to entertain the new application.

The Board balanced the competing policy objectives of employee free choice and stability in collective bargaining.

Noting that the parties were in the process of negotiating a renewal collective agreement and had not had a reasonable opportunity to conclude one, the Board declined to entertain the second application.

The Board also held that allegations of a breach of the duty of fair representation should be addressed through an unfair labour practice complaint rather than by permitting a successive termination application.