S Transport Ltd. operated an interprovincial transport business. The Teamsters union launched an organizing campaign to unionize the company's drivers. Prior to starting work, one of the drivers placed a pamphlet on drivers' trucks parked on the employer's property. In response to the pamphlet, the president of the Company sent out a letter to employees. Here are some excerpts: 

A Word from Our President to All Employees

As you know, we are living in difficult times. I am trying to meet the demands of our customers, who are not only our customers but also those on whom you depend to support your families. You may be experiencing some financial difficulties, but remember, the times are also hard for our President of S Transport Ltd.

For those who may not be aware, the TEAMSTERS union is currently campaigning. Do not be misled by material like their communiqu . . .

Don't forget that if tomorrow the TEAMSTERS union becomes your representative and your official spokesperson, all present and future direct relations between us will end; have you considered that? You are closing the door on all future opportunities.

The union has no decision-making power on behalf of S Transport Ltd.where does that leave you? You need to think hard before making your decision. Look at what is happening around you; how many people are looking for work? A union cannot create jobs; instead, ask yourself why it is you think you would be better represented? The only thing they are interested in is the money that they will collect from your pay cheques. . . .

The only thing for sure is that you will have to pay monthly dues to people you do not know and who will be able to use that money as they see fit without you knowing what they are doing with it.

Do you not already have enough deductions from your pay cheques every week? All this money is deducted directly from your pay without you having any idea how it is spent! Are you prepared to let the TEAMSTERS do the same thing?

It is not true that we are making large profits. Like a lot of other things said, that information is inaccurate. You have only to count the number of our competitors that have had to close their doors or to look at the trucks they use and the lodgings provided to their drivers.

A union cannot offer you a job. Do not put your country in the hands of foreigners; you need to work to protect your job and to ensure the well being of your family and children. . . . If some of you think that a union can guarantee you a better future, I suggest that you think again!

S Transport Ltd.

The union was aware that company drivers stopped at certain truck stops to buy gas, eat, take breaks, and inspect their trucks. Union organizers set up a table at restaurants at the stops. They invited S Transport Ltd. drivers to the table, and tried to convince them to sign membership cards. The organizers paid for the meals of S Transport Ltd. drivers whether or not they chose to sit with them, and for the meals of other drivers who sat at their table. The company drivers who signed membership cards were asked to call other S Transport Ltd. drivers on their citizen band (CB) radios and invite them to stop at the truck stops where the union organizers were located. The CBs belonged to the drivers and they were used to break up monotony and obtain information on destinations.

The employer filed a complaint with the Canada Industrial Relations Board claiming that the union had violated theCanada Labour Codeby: (1) placing pamphlets on trucks parked on the employer's property, (2) asking drivers to contact other drivers on their CBs while they were driving, and (3) paying for driver's meals. The employer claimed that this was in violation of section 95(d) of theCanada Labour Code, which provides as follows:

95. No trade union or person acting on behalf of a trade union shall . . .

(d) except with the consent of the employer of an employee, attempt, at an employee's place of employment during the working hours of the employee, to persuade the employee to become, to refrain from becoming or cease to be a member of a trade union; . . .

and section 24, which provides:

24. In any application relating to bargaining rights, the Board may accept as evidence of membership in a trade union evidence that a person

(a) has signed an application for membership in the trade union; and

(b) has paid at least five dollars to the trade union for or within the six months period immediately before the date on which the application was filed.

The union also filed a complaint with the Board, claiming that the letter from the company president had been a violation of section 94(1)(a) of the Code, which provides as follows:

94(1)(a) No employer or person acting on behalf of an employer shall

(a) participate in or interfere with the formation or administration of a trade union or the representation of employees by a trade union; . . .

QUESTIONS

1. What arguments would the union and the employer make to the Board with respect to each of the unfair labour practice complaints?
2. If you were on the Board hearing the case, what would your decision be? If you found that there were unfair labour practices committed, what remedy would you award?