OLRB orders remedial certification for hotel employees
The Ontario Labour Relations Board has certified the employees of Hotel Novotel Mississauga under s. 11 of the Labour Relations Act, 1995.
Section 11 allows the Board to certify a union, even where it cannot prove that it has the support of a majority of employees, when the employer violates the Act in a manner that undermines the union’s organizing campaign. This case is one of only a couple of successful remedial certification cases outside the construction industry since s. 11 was reintroduced to the Act in 2005.
As Steven Krashinsky told the Toronto Star:
“This case sends a serious message to employers,” said Stephen Krashinsky, the lawyer with Sack Goldblatt Mitchell LLP, who represented the union at the labour board. “The message it sends to employers is to back off and let the employees decide, without your interference, whether or not they want a union.”