United Steelworkers of America v. Tate Andale Canada Inc.
[1993] OLRB Rep. March 254
3438-92-M United Steelworkers of America, Applicant v. Tate Andale Canada Inc., Responding Party
BEFORE: R. O. MacDowell, Alternate Chair, and Board Members W. H. Wightman and H. Peacock.
APPEARANCES: Robert Healey for the applicant; John W. Woon, Brian McBain and Brian Boucher for the responding party.
DECISION OF THE BOARD; March 2, 1993
The Board hereby directs that Tate Andale Canada Inc. forthwith reinstate Heath Sweetman and Rod Cake, on an interim basis, pending the final disposition of their unfair labour practice discharge complaint in Board File 3437-92-U.
The Board further directs Tate Andale Canada Inc. to 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 company is also directed to provide a copy of this notice to all employees affected by the union's certification application, Board File 3402-92-R.
Formal reasons for these decisions and directions will issue in due course.
Appendix
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 SUBMISSIONS.
THE BOARD HAS ORDERED TATE ANDALE CANADA INC. TO REINSTATE HEATH SWEETMAN AND ROD CAKE ON AN INTERIM BASIS UNTIL THE BOARD CONSIDERS THE REASON FOR THEIR DISCHARGE. A HEARING BEFORE THE BOARD SCHEDULED TO BEGIN ON MARCH 15, 1993. THE PURPOSE OF THAT HEARING IS TO DETERMINE WHY HEATH SWEETMAN AND ROD CAKE WERE DISCHARGED.
IF THE BOARD ULTIMATELY DETERMINES THAT HEATH SWEETMAN AND ROD CAKE WERE DISCHARGED FOR MISCONDUCT OR POOR WORK PERFORMANCE, AND THEIR SUPPORT FOR THE UNION HAD NOTHING TO DO WITH IT. THE TEMPORARY REINSTATEMENT ORDER WILL RE REVOKED, AND THE COMPANY WILL NO LONGER BR REQUIRED TO EMPLOY THEM.
IF THE BOARD ULTIMATELY FINDS THAT THEIR DISCHARGE 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 OF THEIR DISCHARGE.
EMPLOYEES IN ONTARIO HAVE THESE RIGHTS WHICH ARE PROTECTED BY LAWS:
AN EMPLOYEE HAS THE RIGHT TO JOIN A TRADE UNION OF 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 SECRET BALLOT IN FAVOUR OF OR IN OPPOSITION TO A TRADE UNION IF THE ONTARIO LABOUR RELATIONS BOARD DIRECTS A REPRESENTATION
VOTE.
AS 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.
AS 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 ROR THE EXERCISE OF THESE RIGHTS. IF THIS HAPPENSA 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.
TATE ANDALE CANADA INC.
FOR: _____________________________________
(AUTHORIZED REPRESENTATIVE)
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 2^nd^ day of MARCH, 1993.