Ron Lebi

The applicant union sought certification without a representation vote under section 8 of the Labour Relations Act, alleging that the respondent employer contravened the Act by supporting an intervener employee association.

The Board found that the employer had contravened section 64 by participating in the formation and administration of the employee association to thwart the union's organizing campaign.

However, the Board declined to grant automatic certification, concluding that the true wishes of the employees could be ascertained through a representation vote if accompanied by substantial remedial measures, including union access to the workplace and the posting of notices.

The applicant trade union applied for certification.

Although the union filed membership cards for 68% of the bargaining unit, a group of employees filed a timely statement in opposition (petition).

The Board held an inquiry into the voluntariness of the petition.

The Board found that the main proponent of the petition had openly established a link between the petition and company management in the minds of employees, creating a reasonable fear that management would learn who signed.

Consequently, the Board gave no weight to the petition and granted outright certification based on the membership evidence.

The applicant union applied for certification.

The intervener employees' association and the respondent employer argued the application was untimely due to a pre-existing collective agreement between them.

The Board found that the employer had provided substantial support to a predecessor workers' committee, which tainted the intervener association.

Consequently, under section 48 of the Labour Relations Act, the agreement was deemed not to be a valid collective agreement, and under section 13, the Board was precluded from certifying the intervener.

The intervener's application for certification was dismissed, and the applicant's certification application was referred for continuation of hearing.