Employer didn’t know about dismissed worker’s organizing efforts

Company fired probationary employee for lateness; didn’t connect worker to organizing campaign until after dismissal
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 01/04/2017

An Ontario worker’s dismissal was for just cause and not influenced by his secret union organizing activities, the Ontario Labour Relations Board has ruled.

Miles Krauter was hired by Constellation Brands in early June 2015 to be a wine merchant at one of the company’s Wine Rack stores in Ottawa, which are retail outlets selling wine and other alcoholic drinks. As a new employee, Krauter was subject to a probationary period.

On July 23, Krauter met with representatives of the Service Employees International Union (SEIU) to discuss potentially organizing Wine Rack employees to join the union and collectively bargain with Constellation. He signed a card and began organizing plans.