In this Ontario Labour Relations Board decision of July 13, 2020, Vice-Chair McCrory addressed an allegation by the Employer that
the Union “relied on a supervisory/managerial employee (who is agreed to be excluded from the proposed bargaining unit) to act as its
inside organizer and that this employee was actively involved in soliciting support for the applicant.”
The Employer argued that the actions of this particular employee were “inherently intimidating and coercive” and that this individual acted
as the applicant’s “inside organizer.” The Board concluded that these allegations were not made out and the Employer failed to show a prima facie breach of the Labour Relations Act, 1995.
As a result, UFCW 175 was certified as the bargaining agent for bargaining unit employees at Jollibee in Toronto.