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Unfair labour practice complaint dismissed; employer proved lay offs were for bona fide business reasons.
The complainant union alleged that the employer violated the Labour Relations Act by laying off five employees because they supported the union's certification application.
The employer contended the lay offs were for bona fide business reasons due to a lack of work.
Applying the reverse onus under section 89(5) of the Act, the Board found the employer provided a credible explanation that the lay offs were strictly for business reasons and untainted by anti-union animus.
The complaint was dismissed.