Labour Relations Board Decision
Certification, Nova Scotia Trade Union Act, Bargaining Unit, Appropriate, Unfair Labour Practices, Secret Ballot Vote
On February 14, 1979, the Board issued an order dismissing the application [sic] for certification in this matter and stated that reasons were to follow. On April 11 the Board issued L.R.B. No. 2523, in which, with full reasons for our decision, we directed Michelin Tires (Canada) Limited to cease and desist from breaching Section 51 (1) (a) of the Nova Scotia Trade Union Act by committing the unfair labour practices specified in that order. Our intent here is to set out in similar detail our reasons for the order on February 14. Not all of the many issues of fact and law disposed of by the Board in the course of the protracted hearings in this matter will be elaborated upon here.Some may not be referred to at all because, after giving the context and noting the preliminary objections of the Respondent, our focus will be upon the two major issues of principle that confronted the Board in this application: (i) whether the bargaining unit applied for was appropriate, and (ii) whether, having found the Respondent guilty of unfair labour practices, the Board should have exercised its discretion under Section 24 (9) of the Trade Union Act to certify the Applicant trade union notwithstanding the fact that it lost the secret ballot vote by employees in the bargaining unit.
United Rubber, Cork, Linoleum & Plastic Workers of America, Local 1028 v Michelin Tires (Canada) Limited, 1979 CanLII 3313 (NSLRB).