Ontario Labour Relations Board
[1993] OLRB REP. SEPTEMBER 824
1924-93-M Laundry & Linen Drivers and Industrial Workers Union, Local 847, Applicant v. CMP Group (1985) Ltd., Responding Party
BEFORE: Russell G. Goodfellow, Vice-chair, and Board Members R. W. Pirrie and C. McDonald.
APPEARANCES: Elizabeth M. Mitchell, Philip Spurrell, Balvinder San gha and Gurjit Pal Singh for the applicant; Brian W. King, Julie Padamsey and Salima Padamsey for the responding party.
DECISION OF THE BOARD: September 20, 1993
1Having regard to the material before it and the submissions of the parties, the Board is satisfied that there is an arguable case for the relief requested in the main application and that the balance of harm favours the applicant. Accordingly, the Board hereby directs that the responding party forthwith reinstate Balvinder Sangha and Gurjit Pal Singh, on an "interim basis", pending the final disposition of their unfair labour practice discharge complaint in Board File No. 1922-93-U.
2The Board further directs that the responding party post the notice attached as Appendix "A" in prominent places in the workplace, where it is most likely to be seen by employees interested in these proceedings. The responding party is also directed to provide a copy of this notice to all employees affected by the union certification application in Board File No. 1923-93-R.
Appendix “A”
The Labour Relations Act
NOTICE TO EMPLOYEES
Posted by Order of the Ontario Labour Relations Board
WE HAVE POSTED THIS NOTICE IN COMPLIANCE WITH A DIRECTION OP THE BOARD. ISSUED AFTER A HEARING IN WHICH BOTH THE COMPANY AND THE UNION HAD THE OPPORTUNITY TO MAKE SUSMISSIONS.
THE BOARD HAS ORDERED CMP GROUP (1985) LTD. TO REINSTATE BAI.VINDER SANSHA AND GURJIT PAL SINGH ON AN INTERIM BASIS UNTIL THE BOARD CONSIDERS THE REASON FOR THEIR DISCHARBE. A HEARING BEFORE THE BOARD IS SCHEDULED TO BEGIN ON OCTOBER 12. 1993. THE PURPOSE OF THAT HEARING IS TO DETERMINE WHY SALVINDER SANSHA AND GURJIT PAL SINGH WERE LAID OFF.
IF THE BOARD ULTIMATELY DETERMINES THAT BALVINOER SANGHA AND GURJIT PAL SINGH WERE LAID OFF FOR ECONOMIC REASONS. AND THAT THEIR SUPPORT FOR THE UNION HAD NOTHING TO DO WITH IT. THE TEMPORARY REINSTATEMENT ORDER WILL BE REVOKED. AND THE COMPANY WILL HO LONGER BE REQUIRED TO EMPLOY THEM.
IF THE BOARD ULTIMATELY FINDS THAT THEIR LAY-OFF OCCURRED BECAUSE THEY WERE UNION SUPPORTERS EXERCISING THEIR RIGHTS UNDER THE LABOUR RELATIONS ACT. THE BOARD MAY CONFIRM THEIR REINSTATEMENT. AND DIRECT THAT THEY BE COMPENSATED FOR ALL EARNINGS AND BENEFITS LOST AS A RESULT OP THEIR DISCHARGE.
EMPLOYEES IN ONTARIO HAVE THESE RIGHTS WHICH ARE PROTECTED BY LAWS
AN EMPLOYEE HAS THE RIGHT TO JOIN A TRADE UNION OP HIS OR HER OWN CHOICE AND TO PARTICIPATE IN ITS LAWFUL ACTIVITIES.
AN EMPLOYEE HAS THE RIGHT TO OPPOSE A TRADE UNION. OR SUBJECT TO THE UNION
SECURITY CLAUSE IN THE COLLECTIVE AGREEMENT WITH HIS OR HER EMPLOYER. REFUSE TO JOIN A TRADE UNION.
AN EMPLOYEE HAS THE RIGHT TO CAST A SECRET BALLOT IN FAVOUR OF. OR IN OPPOSITION TO A TRADE UNION IF THE ONTARIO LABOUR RELATIONS BOARD DIRECTS A REPRESENTATION VOTE.
AN EMPLOYEE HAS THE RIGHT NOT TO BE DISCRIMINATED AGAINST OR PENALIZED BY AN
EMPLOYER OR BY A TRADE UNION BECAUSE HE OR SHE IS EXERCISING RIGHTS UNDER THE
LABOUR RELATIONS ACT.
AN EMPLOYEE HAS THE RIGHT NOT TO BE PENALIZED BECAUSE HE OR SHE PARTICIPATED IN A PROCEEDING UNDER THE LABOUR RELATIONS ACT.
AN EMPLOYEE HAS THE RIGHT TO REMAIN NEUTRAL. TO REFUSE TO SIGN DOCUMENTS
OPPOSING THE UNION OR TO REFUSE TO SIGN A UNION MEMBERSHIP CARD.
IT IS UNLAWFUL FOR EMPLOYEES TO BE FIRED OR IN ANY WAY PENALIZED FOR THE EXERCISE OF THESE RIGHTS. IF THIS HAPPENS A COMPLAINT MAY BE FILED WITH THE ONTARIO LABOUR RELATIONS BOARD.
IT IS UNLAWFUL FOR ANYONE TO USE INTIMIDATION TO COMPEL SOMEONE ELSE TO BECOME OR REFRAIN FROM BECOMING A MEMBER OF A TRADE UNION OR TO COMPEL SOMEONE TO REFRAIN FROM EXERCISING RIGHTS UNDER THE LABOUR RELATIONS ACT.
CMP GROUP (1985) LTD.
PER. _______
(AUTHORIZED REPRESINTATIVE)
This is an official notice of the Board and must not be removed or defaced.
This notice must remain posted for 60 consecutive workIng days.
DATED this 20TH day of SEPTEMBER, 1993.