- May 26, 2021
- Certifications/Decertifications
The Union was engaged in an organizing campaign targeted at the employees of the Employer. During the campaign, the employer sent two memos to employees regarding the organizing campaign.
On September 8, 2017, the Union filed an application with the Tribunal for an interim order that the employer cease interfering with the association of employees and intimidating individual employees contrary to section 3 and 12 to 14 of the Labour Code (the “Code”). In its decision dated September 22, 2017, the Tribunal ordered the Employer to stop communicating with its employees for the purpose of discussing, directly or indirectly, the organizing campaign.
The Employer filed an application for reconsideration pursuant to section 49(3) of the Act to establish the Administrative Labour Tribunal challenging the Tribunal’s decision of September 22, 2017.
The Tribunal dismissed the Employer’s application. It concluded that the memos were brought to the attention of the employees. Further, the memos contravened section 12 of the Code as they sought to persuade employees not to join the Union or to rescind their membership to the Union. Specifically, the memos were intended to undermine the union’s efforts in its recruitment process. The Tribunal found that its intervention was necessary in order to restrict the employer’s right to communicate with employees about the organizing campaign.
The Tribunal ordered the officers, representatives, agents and managers of the Employer to cease all discussion or other communication during working hours about the Union or the organizing campaign with the employees.