R. G. Richter

The applicant applied under section 63 of the Labour Relations Act, 1995 to terminate the responding party union's bargaining rights.

A representation vote resulted in a tie, with one segregated ballot ultimately ruled eligible.

The applicant and intervenor employer requested that the single ballot be counted, while the union requested a new vote.

The Board directed that a new representation vote be taken to preserve the secrecy of the ballot.

The union applied for certification and filed an unfair labour practice complaint alleging the employer terminated five night crew employees due to their involvement in an organizing campaign.

The employer claimed the terminations were part of a chain-wide cost-reduction strategy.

The Board found the employer's actions inconsistent with its prior policies and concluded the terminations were tainted by anti-union animus, violating the Labour Relations Act.

The Board ordered the employees reinstated with compensation.

Furthermore, finding that the employer's substantial misconduct would prevent the ascertainment of employees' true wishes in a representation vote, the Board granted certification pursuant to section 8 of the Act.