The union applied for certification and filed an unfair labour practice complaint against the employer, an electrical contractor. During the organizing campaign, the employer's principals made promises of wage increases and benefit plans if the union was defeated, and threatened that unionization would lead to a loss of jobs and 'early retirement'. The Board found these actions violated sections 70, 72(c), and 76 of the Labour Relations Act, 1995. Concluding that the widespread threats to job security made it unlikely that a representation vote would reflect the employees' true wishes, and that no other remedy could counter these effects, the Board granted automatic certification under section 11(1) of the Act.
International Brotherhood of Electrical Workers, Local 353 v. JAK Electrical Contractors Limited
Court File No.: 1830-96-R; 2042-96-U Date: 1997-08-26 Ontario Labour Relations Board
Re: International Brotherhood of Electrical Workers, Local 353, Applicant And: JAK Electrical Contractors Limited, Responding Party
Before: Lee Shouldice, Vice-Chair.
Appearances: Elizabeth Mitchell and Barry Stevens for the applicant John Barrack and Andrew Kimens for the responding party