S. Tatrallyay

In a certification application involving multiple unions at a remote mining project, the Ontario Labour Relations Board extended the terminal date because the isolated location and employee work schedules prevented adequate notice.

The Board declined to impose new access rules for union organizers, maintaining the existing arrangements.

Additionally, the Board dismissed allegations that the employer violated section 13 of the Labour Relations Act by informing one union of a rival union's presence, finding such communication practical and not indicative of improper support.

The applicants sought a declaration terminating the bargaining rights of the respondent union.

In support of the application, a group of employees left work en masse during working hours to sign a petition at the Labour Board.

The Board found that the employer's failure to question or prevent the mass departure would lead employees to believe management supported the petition and would know who did or did not participate.

Consequently, the Board concluded the petition was not a voluntary expression of employee wishes and dismissed the application.

A dissenting board member would have directed a representation vote.