The Union Drive Playbook: How Far Is Too Far

In two recent decisions the Ontario Labour Relations Board (the Board) addressed when automatic certification was appropriate in view of employer conduct during a union organizing drive. In its Sunrise decision, the Board ordered automatic certification as a result of unfair labour practices committed by the employer. The employer's strategic reaction to the union's organizing campaign, as outlined in detail by the Board, provides a guide for employers against going too far when faced with potential unionization.

In another decision within the context of the construction industry, the Board denied remedial certification despite allegations the employer stalled the union's organizing drive, and was responsible for its failure to obtain the required 40% membership support.