Tom Rooke

The applicant filed a human rights application alleging discrimination in employment.

The applicant's union filed a Notice of Intervention.

The applicant brought a request for an order to remove the intervenor union, arguing the union did not assist him and he was not employed long enough to become a member.

The Tribunal denied the request, noting that a union nearly always has an interest in an application brought by a member of its bargaining unit, particularly where the applicant seeks reinstatement which may affect the collective agreement.

The applicant union applied for certification.

The responding employer alleged that a former supervisor, acting on behalf of the union, used intimidation and coercion to convince employees to join, and requested a representation vote under section 8 of the Labour Relations Act.

The Board found no evidence that the supervisor was acting on behalf of the union or that her statements about potential job losses and shift changes constituted threats or undue influence.

The Board declined to order a representation vote and granted the certification.