The union applied for certification and alleged unfair labour practices against the employer, including the termination of a union supporter and the circulation of an anti-union questionnaire by a managerial employee.
The Board found that the termination was motivated by anti-union animus and that the questionnaire constituted unlawful interference.
Concluding that a representation vote would not reflect the true wishes of the employees due to the chilling effect of the employer's actions, the Board granted automatic certification under section 11 of the Labour Relations Act, 1995, and ordered the reinstatement of the terminated employee with compensation.