(Montreal) A vote by secret ballot is ordered by the Court among the employees of Stelpro design, after the employer had obstructed the activities of the Steelworkers union and dismissed a union activist whom he was forced to reinstate and compensate.
The litigation, which includes several complaints, takes place as part of a raiding campaign by the Steelworkers union, affiliated with the FTQ, against an internal union to represent the 350 employees.
First, the Administrative Labor Tribunal ruled that Stelpro design had interfered with the activities of the Steelworkers union, in particular by “undue surveillance” and the taking of photos of recruiters. He also ordered him to stop doing it.
“The undue surveillance of the employer’s representatives, the comments made by a union representative with regard to the Steelworkers in the presence of a supervisor, the dismissal of the complainant, the taking of photos and filming of the recruiters, the authorizations given to the representatives the union to go outside before the end of their shift when the Steelworkers are present and the total ban on discussing union business on the hours and places of work. All of these elements make it very plausible that this had the effect of preventing a sufficient number of employees from freely and voluntarily joining the Steelworkers,” summarizes the Court.
Administrative judge Guy Blanchet also canceled the dismissal of the employee who was an activist for the Steelworkers union, alleging that the reproaches against her were “thin” and that the employer wanted to make an example of her.
“The employer fired a known Steelworker supporter because she discussed the hours and workplace raiding campaign and because an employee gave her a signed Steelworker membership card,” summarizes he.
He also forced the employer to reinstate the Steelworker activist in her job and to pay her, as compensation, the equivalent of the salary and benefits of which the dismissal had deprived her, with interest.
The internal union had also filed a complaint against the Steelworkers, claiming that they had intimidated certain employees. But the Tribunal dismissed that claim, finding, for example, that “no employee even testified that they felt intimidated.”
The Tribunal finally orders a vote by secret ballot to allow current employees to choose between the Steelworkers union and this Union of Materials Handling and Service Employees.
The outcome is uncertain given the time that has elapsed and the high turnover rate within the company. “The evidence presented showed that there is a high rate of staff turnover within the employer. From January to April 2022, the turnover rate within the company was 60% and the situation has not improved,” notes the Tribunal.
“More than a year has passed since the Steelworkers certification application was filed. Ten days of hearings and 20 witnesses were heard, which explains the long delay. At no time can the parties be blamed for the numerous delays in this case,” concludes the Tribunal.
