International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers, Local Lodge No. 146 v TIW Western Inc. Canadian Erectors Limited and TIW Western Inc., 2021 CanLII 73293

During the course of collective bargaining, a group of employees sought to revoke the rights of the bargaining agent (union). The Union objected to the application, alleging that the employee representative seeking the revocation was essentially a tool of management and that the application was not voluntary. The union also alleged that the employer had deliberately put off concluding a collective agreement to facilitate a revocation application. Lastly the union alleged that management interfered with the representation vote by: discussing the impact of a pending union grievance in an open letter to employees; misleading employees; and, cancelling an on-site / union-only meeting. The Board ultimately dismissed the union’s objections and complaints and allowed a the votes of the employees to be counted – resulting in the revocation of the union’s bargaining rights over the employer.