The Saskatchewan Labour Relations Board has dismissed an application to decertify the United Food and Commercial Workers (UFCW), Local 1400 as the bargaining agent for employees of Heritage Inn in Saskatoon.
The Board determined that the application was influenced in part by the employer’s actions, undermining the union’s role in collective bargaining.
Background and procedural history
Heritage Inn and the UFCW have been bound by a certification order since 2002, with the latest collective bargaining agreement (CBA) expiring in 2019. Bargaining to renew the CBA, disrupted by the pandemic, resumed in early 2023.
In September 2023, the employer issued a lockout notice and simultaneously offered employees individual employment contracts without union representation. The union was prevented from accessing the workplace to engage with members before they received the offers. The lockout commenced on September 7, 2023, and remains ongoing.
On Nov. 15, 2023, two employees, L.V. and S.K., filed applications to decertify the union under section 6-17 of The Saskatchewan Employment Act. The Board directed a vote to be conducted by mail between November 28 and December 19, 2023, but did not count the ballots pending resolution of objections.
The board previously found in Heritage Inn #1 that the employer had engaged in bad-faith bargaining leading up to the lockout. However, as that decision remains under judicial review, it was not deemed determinative in the current case.
Legal framework for decertification
Under section 6-106 of the Act, the Board has discretion to dismiss a decertification application if it finds that employer influence, interference, or intimidation played a role in the application. Factors considered include:
- The plausibility of the applicants’ motives for seeking decertification;
- The relationship between the applicants and management;
- Whether the employer provided resources or information to support decertification;
- Whether employer communications suggested benefits for employees upon decertification;
- Whether employer conduct hindered bargaining or damaged the Union’s reputation.
Employer influence and board’s findings
The Board concluded that the employer’s actions contributed to the filing of the decertification application, particularly the events of September 5, 2023. On that date, the Employer:
- Provided individual employment offers to all employees without union involvement;
- Prevented the union president from entering the workplace to speak with employees about the offers, threatening to call the police if she did not leave;
- Refused a request by the union to meet with members the following day.
The Board found these actions undermined the UFCW’s role at a critical moment in bargaining. Additionally, Heritage Inn failed to provide new employees with copies of the CBA or facilitate early contact with the Union, which contributed to employee dissatisfaction.
Although the Board found that the applicants’ motives were sincere, it determined that at least part of their dissatisfaction was influenced by the employer’s conduct, particularly its handling of union information and workplace access.
Discretionary dismissal
The Board exercised its discretion under section 6-106 to dismiss the applications for decertification. As a result, the related vote was deemed moot, and the ballots will not be counted. The Board ordered the employer to post the decision at the workplace for 60 days and provide copies to employees upon request.
For more information, see Kousar v UFCW, 2025 SKLRB 6 (CanLII).
