FAQ's Cases - Stewart McKelvey

11[48] Shortly after Mr. Copeland began operating the “new flight machine”, theEmployer scheduled an afternoon shift. The former flight machine operator was transferred towork on the afternoon shift.[49] Mr. Copeland testified that he met and talked to Gary Burkart of the Union andsigned a union card about a week and a half before he was terminated on June 22, 2011. Thisevidence was supported by the testimony of Mr. Guillet, who testified that the initial meetingoccurred on June 15, 2011.[50] However, Mr. Copeland testified that following that meeting, he decided that hewould attempt to assist with the union drive in the workplace. He testified that he made calls toothers to see if there was interest in forming a union in the workplace. He testified that hetalked to other employees at coffee breaks in the workplace and in the parking lot after work.2011 CanLII 72774 (SK LRB)[51] This evidence was somewhat at odds with the evidence given by Mr. Guilletinsofar as the organizing campaign did not, from his testimony, commence until after themeeting at the Union office on Sunday, June 19, 2011. During his testimony, Mr. Copeland wasextremely vague as to the timelines regarding the organization campaign.[52] Mr. Copeland also testified that while he was talking to an employee in theemployee’s car in the parking lot, Mr. Holodryga came out of the building and walked towardsthe parking lot. He testified that he believed that Mr. Holodryga had seen him obtaining a unionsupport card. Mr. Holodryga denied having seen Mr. Copeland in the parking lot as suggestedby him.[53] He also testified that prior to the day of his lay off, he went to the offices of theOccupational Health and Safety Department of the Ministry of Labour Relations and WorkplaceSafety to report to them regarding safety issues which he observed in the workplace. NeitherMr. Holodryga nor Ms. Outerbridge had any knowledge of any such contact. This was unusualas Ms. Outerbridge was the Health and Safety Coordinator for the Employer and should havebeen contacted by the Ministry concerning any such contact.[54] Mr. Copeland had also filed an Affidavit with respect to the Union’s application foran interim Order for the purpose of restoring himself and others to their positions pending the