Stephen McCormack

The complainant union filed an unfair labour practice complaint alleging that the respondent employer engaged in a series of anti-union actions following certification, culminating in the layoff of a bargaining unit employee and the removal of a secretary from the unit.

The Board found that the employer's conduct demonstrated a persistent pattern of anti-union animus.

The Board concluded that the layoff was motivated by anti-union animus and ordered the employee's reinstatement with back pay.

However, the Board dismissed the complaint regarding the secretary, finding her removal was motivated by genuine business considerations related to her confidential duties.

The complainant union alleged that the respondent employer committed unfair labour practices by refusing to allow striking employees to return to work following a Board order.

The employer claimed the employees had engaged in a mass resignation by walking out of a training session and failing to provide notice of absence.

The Board found that the employer's strict application of its absence policy lacked a credible business justification and was motivated by anti-union animus.

The Board ordered the reinstatement of the affected employees with compensation.