Aecon Group says individuals involved no longer employed by company: 'We remain committed to working with our union partners'
While an employer may be found to have committed union-busting actions, that does not guarantee that unionization will be given certification, as the Manitoba Labour Board recently ruled.
The Board decided that Aecon Construction Solutions committed unfair labour practices during a union organizing campaign at two major Winnipeg construction sites, ordering the company to pay $2,000 in penalties.
In its decision, the Board said that Aecon violated the Labour Relations Act by terminating an employee—referred to as T.V.—who was advocating for the United Brotherhood of Carpenters & Joiners of America, Local 1999 (UBC), and by allowing management to make comments intended to intimidate workers considering switching unions.
According to the Board, the message was “designed and delivered with the goal of interfering with the ability of employees to freely express their wishes in deciding whether to become members of the Applicant Union.”
Termination after discussing union
The case centred on events at Aecon’s North End Water Pollution Control Centre and St. Mary’s Interchange Project, where UBC sought to displace the incumbent union, Construction Workers Union, CLAC 152.
The Board heard that T.V., a supporter of the UBC and former shop steward for CLAC, was publicly terminated on March 22, 2024, after discussing the benefits of the union with colleagues before a shift.
“The Board finds that T.V.’s termination is a direct result of his support for the Applicant and a violation of section 9 of the Act,” it said, rejecting Aecon’s explanation that T.V. was dismissed for being “disruptive.' Instead, it found that he was terminated for expressing his views on union representation.
Currently, Rockstar Games, the developer behind the Grand Theft Auto franchise, is facing allegations of union-busting after terminating more than 30 employees in Canada and the United Kingdom.
‘Blacklisted' for union organizing
The Manitoba Labour Board also found that comments made by site superintendent L.J. to employees following T.V.’s termination were intended to intimidate and discourage support for the UBC.
T.V. was talking about being removed as steward, and about the advantages of joining UBC, at the St. Mary’s Road project when a foreman—referred to as J.Z.—interrupted him and told him to sit down.
“The unchallenged evidence is that very shortly after that … he was escorted off the premises,” according to the decision. The construction manager “directed the termination of T.V.,” it says.
Another worker also said the site’s superintendent/general foreman told crews that T.V. was fired because he was being “disruptive.”
“We can’t have that shit here,” the general foreman said, according to the tradesperson’s testimony.
The foreman also said that if employees showed support for the union, they “would get blacklisted with Aecon, and Aecon is a big company,” the tradesperson testified.
According to the worker, the foreman also said that if the new union came in, “all travel cards will be sent home.” Many of the projects’ employees had travelled from the East Coast, the decision said.
The organizer said that after T.V. was fired, employees were no longer open to talking about union matters.
The Board determined that L.J. was acting in a managerial capacity at the time, making Aecon responsible for his comments. However, the Board ruled that foreman J.Z., who also made comments about union activity, was not acting in a managerial role and therefore his statements did not constitute an unfair labour practice.
Aecon Group said in a statement the incident happened during what's often called a union "raid," according to a CBC article.
"The individuals involved are no longer employed with Aecon and we remain committed to working with our union partners," the statement said.
Previously, an Ontario employer was fined $62,000 for failing to pay wages and compensate workers after firing them in reprisal, according to the provincial government.
Discretionary certification 'not an appropriate remedy’
Despite the finding, the Board declined to grant discretionary certification to the UBC, citing insufficient evidence of employee support and the presence of an incumbent bargaining agent that had not engaged in wrongdoing.
“Despite finding the Employer committed unfair labour practices, the Board has determined that discretionary certification is not an appropriate remedy as it is not satisfied there is adequate support for collective bargaining,” the Board stated.
The Board ordered Aecon to pay $1,000 to the UBC for the unlawful termination of T.V. and an additional $1,000 for the intimidating comments made by L.J.
The incident happened during what is often called a union “raid,” Aecon Group said in a statement, according to the report.
“The individuals involved are no longer employed with Aecon and we remain committed to working with our union partners,” the company said.
File photo from the United Brotherhood of Carpenters and Joiners of America Facebook page
