The union applied for an interim order under section 92.1 of the Labour Relations Act to reinstate three employees who were terminated during a union organizing campaign.
The Board found that the union established an arguable case that the terminations violated the Act.
Applying the balance of harm test, the Board declined to reinstate one employee due to significant health and safety risks associated with his operation of a forklift.
However, the Board ordered the interim reinstatement of the other two employees, finding that the harm to the union's organizing campaign outweighed the employer's concerns regarding their alleged workplace misconduct.
