R. G. McLister

The complainant union alleged that the respondent employer, a fishing company, committed an unfair labour practice by failing to rehire seven seasonal deckhands for the 1987 fishing season because of their support for the union.

The employer argued that the crew reduction was for legitimate business reasons and that the grievors had failed to formally request employment.

The Ontario Labour Relations Board found that the employer's departure from its usual informal hiring practices was orchestrated to exclude the grievors due to their union affiliation.

The Board declared a contravention of section 66(a) of the Labour Relations Act and ordered compensation for the lost 1987 and partial 1988 seasons.

The complainant union alleged that the respondents committed unfair labour practices by laying off the captain and crew of a fishing vessel after they joined the union.

The Board found that the respondents altered the terms and conditions of employment during the statutory freeze period, contrary to section 79(2) of the Labour Relations Act.

The Board also found that the removal of fishing licences from the vessel and the subsequent layoff of the crew were motivated by anti-union animus, in violation of sections 66 and 70.

The Board ordered compensation for the grievors' lost earnings for the 1986 fishing season, but declined to order reinstatement due to the unprofitability and impending sale of the vessel.

The applicant union applied for certification to represent employees at the respondent's fish processing plant in Leamington, Ontario.

The respondent challenged the Ontario Labour Relations Board's constitutional jurisdiction, arguing its business was a federal undertaking under the federal fisheries or trade and commerce powers.

The Board held that fish processing is a local undertaking subject to provincial jurisdiction, as it is not an integral part of preserving fisheries as a natural resource, nor is it a core federal trade and commerce undertaking despite its extra-provincial trucking and export activities.

Finding that the union had the requisite membership support, the Board issued a final certificate.