LB-1909  
2022 NSLB 11  
ORDER  
LABOUR BOARD  
Nova Scotia  
BETWEEN  
Jenna Cameron and Canadian Union of Public  
Employees, Local 5483  
- Complainants  
-and-  
Wynn Park Villa Limited  
- Respondent  
NATURE OF MATTER  
Complaint of Unfair Labour Practice under  
Section 53 of the Trade Union Act  
DATE OF FILING  
BEFORE  
May 7, 2021  
E.A. Nelson Blackburn, Q.C., Vice-Chair  
Tom Patterson, Employee Member  
Gordon MacLean, Employer Member  
REPRESENTATIVES  
Susan Coen and Jason Edwards, for the  
Complainants  
Bradley Proctor and Jennifer Singh, for the  
Respondent  
CASE MANAGEMENT DATES  
May 25, 2021  
DATES AND PLACE OF HEARING  
June 2, 3, 14, 15, 23, 24, 25, July 2, 7, 9 and 12,  
2021 Remote Hearing (via videoconference); June  
30, 2021 (scheduled but not held)  
ORDER  
The Board declares that the termination of Tevin  
Crawford was not contrary to the Trade Union  
Act, as described in the reasons that follow.  
The Board declares that Wynn Park Villa Limited  
has engaged in unfair labour practices contrary to  
the Trade Union Act, as described in the reasons  
that follow. Wynn Park Villa Limited is ordered to  
cease and desist such conduct, as also described  
in the reasons that follow.  
The Board orders, in accordance with the reasons  
that follow, that the result of the vote held on  
March 26, 2021, be set aside and orders a new  
certification vote be held. The Board also directs  
that the employees eligible to vote in the new  
certification vote are those employees agreed  
between the Union and the Wynn Park as being  
eligible to vote in the Vote Agreement and who  
are also still employees of Wynn Park at the date  
of the second vote.  
Further, as described in the reasons that follow,  
the Board retains jurisdiction regarding remedies  
relating to Ms. Nielsen, Ms. Beaver, Ms. Rafuse  
and Ms. Waldron and to address issue that arise  
concerning the implementation of this decision.  
REASONS FOR DECISION  
Background  
[1]  
This matter addresses five unfair labour practice complaints arising out of an application  
for certification filed by Canadian Union of Public Employees, Local 5483 (“CUPE” or “the  
Union”) pursuant to Section 23 of the Trade Union Act, R.S.N.S. 1989, c. 475 (the “Act”)  
on March 19, 2021 in relation to employees at Wynn Park Villa Limited (“Wynn Park” or  
“the Employer”); Labour Board file reference LB-1864 (“the Certification”) (“the  
Complaints” or the “ULPs”).  
[2]  
The Complaints were filed with the Board as follows:  
1.  
Labour Board File LB-1867 (also referred to as “ULP 1” or “ULP 1867”):  
Complaint under Sections 53(1), 53(3) and 58(1) of the Act  
Date filed: March 26, 2021  
Complainant: CUPE, Local 5483  
Respondent: Wynn Park Villa Limited  
Names of Aggrieved Person(s): Elaine Nielsen (“Ms. Nielsen”), Leslie (Joy)  
MacKenzie (“Ms. MacKenzie”), Shalene Rafuse (“Ms. Rafuse”), and Jennifer  
Beaver (“Ms. Beaver”); other employees of the Respondent Employer whom the  
Employer (or persons on its behalf) have spoken to/asked about union activities;  
CUPE and its local 5483.  
2.  
Labour Board File LB-1869 (also referred to as ULP 2or ULP 1869):  
Complaint under Sections 53(1), 53(3) and 58(1) of the Act  
Date filed: April 1, 2021  
Complainants: Tevin Crawford and CUPE, Local 5483  
Respondent: Wynn Park Villa Limited  
Names of Aggrieved Person(s): Tevin Crawford (“Mr. Crawford”); other employees  
of the Respondent Employer who became fearful of being known as union  
supporters; CUPE and its Local 5483.  
3.  
Labour Board File LB-1882 (also referred to as ULP 3or ULP 1882)  
Complaint under Sections 53(1), 53(3) and 58(1) of the Act  
Date filed: April 27, 2021  
Complainants: Tevin Crawford and CUPE, Local 5483  
Respondent: Wynn Park Villa Limited  
Names of Aggrieved Person(s): Tevin Crawford; other employee of the  
Respondent Employer whom the Employer (or persons on its behalf) have spoken  
to/asked about union activities, intimidated, discriminated against, or otherwise  
treated in violation of the Act, particularly s. 53(3)(a) and (e); CUPE and its local  
5483.  
4.  
Labour Board File LB-1909 (also referred to as “ULP 4” or “ULP 1909”)  
Complaint under Sections 53(1), 53(3) and 58(1) of the Act  
Date filed: May 7, 2021  
Complainants: Jenna Cameron and CUPE, Local 5483  
Respondent: Wynn Park Villa Limited  
Names of Aggrieved Person(s): Jenna Cameron (“Ms. Cameron”); employees of  
the Respondent Employer, such as Morgan Macumber (“Ms. Macumber”), whom  
the Employer (or person on its behalf) have spoken to/asked about union  
activities, intimidated, discriminated against, used undue influence upon, or by  
any other means treated in violation of the Act, particularly s. 53(3)(a) and (e);  
CUPE and its local 5483.  
5.  
Labour Board File LB-1910 (also referred to as “ULP 5” or “ULP 1910”)  
Complaint under Sections 53(1), 53(3) and 58(1) of the Act  
Date filed: May 7, 2021  
Complainants: Shalene Rafuse and CUPE, Local 5483  
Respondent: Wynn Park Villa Limited  
Names of Aggrieved Person(s): Ms. Rafuse; other persons employed by the  
Respondent Employer whom the Employer (or persons acting on its behalf) have  
spoken to/asked about union activities, intimidated, discriminated against, used  
undue influence upon, or by other means treated in violation of the Act,  
particularly s. 53(3)(a) and (e); CUPE and its local 5483.  
[3]  
A Case Management Conference (“CMC”) was held by the Board with CUPE and the  
Respondent on April 13, 2021, to discuss ULP 1 and ULP 2 and how those matters would  
proceed before the Board. A subsequent CMC was held on April 20 when the Union and  
the Respondent let the Board know that they had agreed, as part of a settlement  
concerning the Certification, ULP 1 and ULP 2 (“the Vote Agreement”), that if the  
Certification was unsuccessful (following the counting of the representation vote) they  
would agree to attempt mediation, but if that was not successful, the Union wished to  
proceed to a hearing in relation to ULP 1 and ULP 2. The Union also confirmed that if the  
certification was unsuccessful, the Union would pursue remedial certification as well as  
the other remedies requested in the complaints. Further discussion on ULP 1 and ULP 2  
was therefore deferred pending the outcome of the vote count in relation to the  
Certification. The vote count took place on April 21, 2021, and the outcome was that the  
Certification was not successful. Given that ULP 1 and ULP 2 remained to be determined  
by the Board, the Certification was placed in abeyance until the Board could determine if  
the result of the vote count was determinative of that application.  
[4]  
Further CMCs were held on April 27 and May 25 to discuss next steps, possible hearing  
dates and any relevant filing deadlines and at the CMC on May 25, counsel for Union put  
forward a motion that the ULPs be heard at the same time. The Board heard from the  
parties on this motion and decided to hear ULPs in one hearing as they arise out of similar  
fact situations in relation to the Certification and the Union’s requested remedy for  
remedial certification. Initial hearing dates were set down for a video hearing on June 2,  
3, 14, 15, 23, 24, 25, 30 and July 2, 2021, and the Board made a preliminary procedural  
order pursuant to Rule 11.06 of the Board’s Rules of Procedure to consolidate the  
Complaints and hear them together. The June 30 hearing date was subsequently released  
after the Board identified a scheduling conflict and at the video hearing on July 2,  
subsequent hearing dates were set down for July 7, 9 and 12.  
[5]  
[6]  
Between the parties, there were 21 witnesses called over the 11-day hearing, which was  
carried out via Microsoft Teams, an online virtual conferencing platform. There were  
numerous exhibits filed, some of which were provided in advance of the hearing and  
many which were introduced during the hearing.  
At the conclusion of the hearing, the parties were directed to provide written closing  
submissions. The Board ruled that closing arguments, including the reply filed by the  
Union, would form part of the record of the hearing. In addition to the closing arguments  
and reply, the original complaints and reply thereto, and also pre-hearing briefs, will form  
part of the record. The Union provided their written closing submissions and authorities  
on July 22, the Respondent on August 5 and the Union filed a written reply on August 12,  
2021.  
[7]  
[8]  
Mr. Proctor argued at the hearing an abuse of process in relation to ULPs 3, 4 and 5, as  
they were filed by the Union subsequent to the Vote Agreement at the time the vote was  
taken with respect to ULP 1 and ULP 2. The Board will address Mr. Proctor’s argument  
later in this decision  
The Union’s position is that Wynn Park violated the Act by interfering with the  
certification vote, the details of which are set out in the ULPs. The Union is requesting  
remedial certification under Section 29(9) of the Act, which would replace the final vote  
with an order certifying the union as a bargaining agent for the employees of Wynn Park.  
In the alternative, the Union is requesting an order authorizing a new vote. Specifically,  
the Union is requesting the following remedies (Union Post-Hearing Brief, Page 75):  
1. Certification under s. 25(9).  
Alternatively, another vote (which the Union says would not be an  
adequate remedy).  
2. Remedies for particular individuals:  
1.  
2.  
3.  
Tevin Crawford  
Shalene Rafuse  
Elaine Nielsen, Jennifer Beaver and Beverley Waldron.  
3. A range of other general remedies as stated in the complaints.  
4. Conditions with Remedial Certification  
5. That the Board retain jurisdiction regarding remedy and implementation.  
[9]  
It is Wynn Park’s position that the ULPs have not been substantiated and that the Union  
has not provided evidence or proof of interference. Wynn Park requests that ULPs 3, 4  
and 5 be thrown out on the basis that they are an abuse of process. In the alternative,  
Wynn Park states that if there was a violation of the Act, the Unions request for remedial  
certification is not appropriate. Wynn Park also requests that, if the ULPs are dismissed,  
a time bar of 12 months be ordered in respect of the Certification.  
[10] The relevant sections of the Act are section 25 (9); section 53 (1) and (3); section 58 (1)  
which state as follows:  
Certification of bargaining agent  
25 (9) Where, in the opinion of the Board, an employer or employer’s  
organization has contravened this Act or regulations made pursuant to  
this Act in so significant a way that the representation vote does not  
reflect the true wishes of the employees in the bargaining unit  
determined to be appropriate for collective bargaining, and in the  
opinion of the Board the applicant trade union, at the date of the filing  
of the application for certification, had as members in good standing not  
less than forty per cent of the employees in the unit, the Board may, in  
its discretion, certify the trade union as bargaining agent of the  
employees in the unit.  
….  
Prohibited activities of employer  
53 (1) No employer and no 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; or  
(b) contribute financial or other support to a trade union.  
….  
(3) No employer and no person acting on behalf of an employer shall  
a)  
refuse to employ or to continue to employ any person or  
otherwise discriminate against any person in regard to  
employment or any term or condition of employment, because  
the person  
(i)  
(ii)  
is or was a member of a trade union,  
has been expelled or suspended from membership in a  
trade union for a reason other than a failure to pay the  
periodic dues, assessments and initiation fees uniformly  
required to be paid by all members of the trade union  
as a condition of acquiring or retaining membership in  
the trade union,  
(iii)  
otherwise participate in a proceeding under this Act  
(iv) has made or is about to make a disclosure that he may  
be required to make in a proceeding under this Act,  
has testified or otherwise participated or may testify or  
(v)  
has made an application or filed a complaint under this  
Act  
(vi)  
has participated in a strike that is not prohibited by this  
Act or exercised any right under this Act.  
….  
Intimidation respecting union membership  
58 (1) No person shall seek by intimidation or coercion to compel a  
person to become or refrain from becoming or to cease to be a member  
of a trade union or an employers’ organization.  
Hearsay Evidence  
[11] There was a preliminary motion at the hearing regarding hearsay evidence. The Board  
ruled that if there is direct evidence to support the hearsay evidence then the appropriate  
weight would be given to it, otherwise it is disallowed.  
Witnesses  
[12] The Board notes that there were several individuals who were not called as witnesses but  
whose evidence could have been of assistance in this matter. As the individuals in  
question could have been called by either party, the Board puts no weight on the fact that  
those individuals were not called. Accordingly, the Board takes no adverse inference  
against either party for not calling witnesses.  
Un-Contradicted Facts  
[13] While there are several facts to which the parties disagree, the basic elements of the  
situation giving rise to the ULPs are not in dispute. The following list represents those  
areas where the parties appear to be in agreement:  
Wynn Park is a privately owned, government funded nursing home  
and residential care facility, located in Truro, Nova Scotia which  
was opened in June 2008. There is space for 60 residents.  
There are 5 managerial staff at Wynn Park:  
Sheila Peck (“Ms. Peck”), Administrator  
Marc Thody (“Mr. Thody”), Director of Support Services  
Cassie Blois (“Ms. Blois”), Human Resources Manager  
Brittany Thody (“Ms. Thody”), Director of Finance  
Teresa McEwen (“Ms. McEwen”), Director of Care  
Wynn Park is a family own and operated business, with various  
employees having family connections to other employees.  
Examples of those relationships include Mr. Thody being married  
to Ms. Thody, Ms. Thody being the daughter of Ms. Peck, Madison  
Murphy and Megan Murphy being the daughters of Ms. McEwen,  
and Megan Murphy being engaged to Ms. Peck’s son, Ryan  
Barnett. There may be other relationships that were not  
referenced during the course of this matter.  
[14] The following outlines some of the significant events that were identified by the parties  
and/or the witnesses:  
February 24, 2021 - A meeting took place between Ms. Peck, Ms.  
Blois and Mr. Crawford regarding employees’ safety concerns at  
the East Unit nursesstation. There were several other employees  
present, at time, during the conversation but no one else was  
present for the whole conversation. During the discussion there  
were options discussed to address the concerns but there was no  
agreement on what was to be done.  
February 26, 2021 Mr. Crawford is terminated from his position  
at Wynn Park.  
March 2, 2021 Rank and File article comes out, which discusses  
the termination of Mr. Crawford and included quotes from Mr.  
Crawford from an interview that was done with him.  
March 4, 2021 Ms. MacKenzie was provided a letter from Wynn  
Park from Ms. McEwen and that Ms. MacKenzie asked who would  
be able to join the union. Ms. MacKenzie also acknowledged that  
she did not have an email address at that point, which Wynn Park  
points to as the reason for her being given the letter in person.  
March 5, 2021 - The Union organized a car rally to take place  
outside of Wynn Park. In attendance were members of the Union,  
including Govind Rao (“Mr. Rao”) with a van equipped with a PA  
system, and members from other unions.  
March 16, 2021 - The parties both agree that a meeting took place  
between Ms. Peck and Dianne Vaughan (“Ms. Vaughan”), although  
there is no agreement on the content or purpose of that meeting.  
March 19, 2021 Application for Certification was filed by the  
Union with the Labour Board.  
March 21, 2021 - There was a meeting between Ms. McEwen and  
Ms. Beaver about alleged complaints about Ms. Beaver sending  
messages to other employees about the Union.  
March 21, 2021 There was a Union meeting for employees to ask  
question and discuss the upcoming vote, at the Best Western in  
Truro, NS.  
March 22, 2021 The Labour Board gave Wynn Park notice of the  
upcoming vote.  
March 26, 2021 - Voting by the employees of Wynn Park took  
place.  
March 26, 2021 Union files ULP 1.  
April 1, 2021 Union files ULP 2.  
April 7, 2021 - There was a meeting held with Denise MacKenzie,  
Ms. McEwen, Ms. Beaver, Ms. Nielsen and Ms. Waldron.  
April 7, 2021 Wynn Park files response to the Application with  
the Labour Board.  
April 9, 2021 Wynn Park files reply to ULP 1.  
April 13, 2021 Wynn Park files reply to ULP 2.  
April 16, 2021 – Union files response to Wynn Park’s response to  
ULPs 1 and 2.  
April 20, 2021 Union and Wynn Park enter into Vote Agreement.  
April 21, 2021 Certification vote counting takes place. 88 eligible  
votes are cast 42 votes in favour of certification, 46 votes against  
certification.  
April 25, 2021 - Lisa Burris (“Ms. Burris”) resigned from her position  
at Wynn Park. At some time previous to that, she spoke with Mr.  
Rao about her employment at Wynn Park, although what was  
discussed is not agreed to between the parties. It was asserted by  
Wynn Park, and confirmed by Mr. Rao, that ULP 3 was filed by the  
Union in relation to alleged events involving Ms. Burris but Ms.  
Burris did not approve of the information included in ULP 3 and  
stated that it was untrue. Mr. Rao further confirmed that he signed  
the Statutory Declaration associated with ULP 3, despite not being  
present for the events outlined, and that he refused Ms. Burris’  
request for him to retract ULP 3. He also testified that he did not  
provide any clarification to the Board about his personal  
knowledge of the information that he swore the Statutory  
Declaration about or that Ms. Burris took issue with the accuracy  
of the information or that she wished to have it retracted.  
April 27, 2021 Union files ULP 3.  
May 4, 2021 Employers files reply to ULP 3.  
May 7, 2021 Union files ULP 4 and 5.  
May 18, 2021 Wynn Park files reply to ULPs 4 and 5.  
The parties agree that Ms. Peck spoke with Ms. Nielsen on 2  
different occasions, and while there is no agreement on the  
content of the first conversation, it is agreed that union issues,  
specifically the Rank and File article and the circumstances  
surrounding Mr. Crawford, were discussed.  
Union’s Facts  
[15] The Union contends that Wynn Park noted a push against unionization as far back as the  
first general meeting with the staff, before Wynn Park officially opened and relies on the  
affidavit and oral evidence of Ms. Beaver to support this position. This point was testified  
to by James Moore (“Mr. Moore”) and Ms. Vaughan as well.  
[16] Mr. Crawford testified that he disclosed the issues that he had with his previous employer  
during the interview process with Ms. McEwen and believed that Ms. Blois was only  
present for a portion of the interview  
[17] Ms. Vaughan testified that she raised concerns with Ms. McEwen at the Supervisor staff  
meeting the morning of March 16, 2021, about Ms. Peck coming onto units to speak with  
employees privately, as it was intimidating. Ms. Vaughan stated that in the afternoon of  
that same day Ms. Peck met with her in the adult day room and warned her that she had  
to support management and told that she was to pretend that the conversation never  
took place. Ms. Vaughan testified that during the meeting there was no discussion of her  
performance or the need to leave the adult day room and go on the floor.  
[18] Ms. Nielsen testified that, after returning from a leave of absence, she spoke with Ms.  
Peck on February 25, 2021, regarding safety issues associated with moving residents and  
that the conversation turned to union activities, during which Ms. Peck asked questions  
about who was involved with union activity, the interest in bringing a union into Wynn  
Park etc.  
[19] The Union states that there were 91 total votes cast, with 2 envelopes having being  
mislabeled and 1 vote being cast by Mr. Crawford, which was left unopened as the parties  
agreed, as per the Vote Agreement, that his vote would not be counted. Therefore, the  
Union claims that if all three of those votes had been votes in favour of unionization the  
vote would have been 45 in favour and 46 against (Union Post-Hearing Rebuttal Brief –  
Page 2).  
[20] The Union argues that Wynn Park’s allegation, as referenced on paragraph 45 of its Post-  
Hearing Brief, that complaints had been made about Mr. Crawford by Ms. Waldron, Ms.  
Beaver and Ms. Nielsen, is unfounded and incorrect. It bases that on the fact that Wynn  
Park did not cross-examine any of those individuals about the alleged complaints and  
Wynn Park witnesses did not address them directly.  
Wynn Park’s Facts  
[21] To begin, Wynn Park states that they called 9 witnesses, including Ms. Vaughan (recalled)  
and Lisa Smith (“Ms. Smith”), who were not included in the Union’s list of witnesses.  
[22] Wynn Park refers to the testimony of Ms. Peck, Mr. Thody and Ms. Blois, who all stated  
that they were not aware of previous attempts to unionize at Wynn Park and confirmed  
that no employee, to their knowledge, had been terminated for comments or actions  
relating to unionization.  
[23] Ms. Blois and Ms. McEwen both testified that they were present for the complete  
interview on May 1, 2019, of Mr. Crawford and that at no time did he mention the issues  
he had while employed at his previous employer, namely the allegations of theft of  
needles and falsifying a report.  
[24] Ms. Peck disputes the account of Ms. Vaughan as to the conversation that took place  
between them in the adult day room on March 16, 2021. Ms. Peck asserts that she went  
to the meeting as a result of concerns expressed to her about Ms. Vaughan being in the  
adult day room instead of on the units. Ms. Peck acknowledged that the conversation  
turned to the issue of a union, as a result of Ms. Vaughan indicating she did not wish to  
be on the units where union discussion was prevalent.  
[25] Ms. Peck testified that she did not know who was for or against a union and just wanted  
everyone to vote. She denied stating to Ms. Vaughan that she should pretend the  
conversation never took place. Ms. McEwen stated that after Ms. Vaughan met with Ms.  
Peck that Ms. Vaughan went to Ms. McEwen’s office and stated that she felt better after  
speaking with Ms. Peck. Ms. Vaughan denied doing so.  
[26] Ms. Peck also disputes the assertion from Ms. Nielsen that she brought up union issues  
during her discussion with Ms. Nielsen on February 25, 2021. Ms. Peck asserts that she  
was not even aware of union activity at Wynn Park until March 2, 2021, after the Rank  
and File article came out.  
[27] Ms. Peck testified that a subsequent conversation with Ms. Nielsen on March 5, 2021,  
which is the same day the car rally was taking place, did involve a discussion of union  
issues, specifically inaccuracies in the Rank and File article, according to Ms. Peck. Ms.  
Peck acknowledged that she told Ms. Nielsen that the article was not true and Mr.  
Crawford had not been terminated for union activity. Ms. Peck also stated that she  
apologized to Ms. Nielsen for everything she and the other staff were going through.  
Union Witnesses  
[28] The Union called a total of 14 witnesses.  
Testimony of Elaine Nielsen  
[29] Ms. Nielsen testified she is a continuing care assistant (“CCA”) employed at Wynn Park  
Villa and has been since June 2014, and she worked at all material times on the East Unit  
at Wynn Park Villa. She referred to her sworn affidavit referred to in the Union’s Exhibit  
Book U-1, tab 2, upon which she was cross-examined by Mr. Proctor.  
[30] Ms. Nielsen testified that on February 15, 2021, she took a personal leave of absence of  
four weeks to take care of her father who was ill. She stated that on or about February 15  
or 16, 2021, she saw a letter on the East Unit meeting room table that described a concern  
with resident access to the East Unit nurses’ station, raising health and safety, privacy,  
hygiene and work efficiency issues. She understands that Megan Murphy, LPN on the East  
Unit, drafted the letter, which described separate incidents between January and  
February 2021 of residents reportedly urinating on the vitals cart, taking a binder with  
patient contact information, sitting at the computer and flipping through the patients  
charts, attempting to take things off the desk, trying to use the phone, and sitting on the  
floor in the nurses station. Further, there was reference to a 2020 death certificate  
missing from the station.  
[31] Ms. Nielsen said the letter was addressed to Ms. Peck, Administrator of Wynn Park Villa,  
stating that staff felt they spent so much time keeping residents away from the nurses’  
station that it was taking away from their work. The letter addressed to Ms. Peck  
requested there be Plexiglas barriers and gates to keep residents out of the nurses’  
station. She said she signed the reprinted letter either February 15 or 16, 2021, as it was  
reprinted by Denise MacKenzie, LPN, who typed it due to the original copy being smeared  
with packets of butter by one of the residents. The letter was signed by several staff in  
addition to Ms. Nielsen.  
[32] Ms. Nielsen testified she heard from her co-workers that the letter was submitted to Ms.  
Peck after February 17, 2021, by Megan Murphy. She also heard from co-workers that  
Ms. Peck did not agree with the recommendations as she believed any barriers around  
the nurses’ station would cause health and safety issues.  
[33] Ms. Nielsen testified that on February 24, 2021, at some point in the morning, Mr.  
Crawford, told her and Ms. Beaver and other CCA’s at Wynn Park that he had sent emails  
to two unions that day. She testified that around 11:00 a.m. on February 24, 2021, Ms.  
Peck and Ms. Blois, Human Resources Manager, went to the East Unit to investigate the  
concerns raised in the letter submitted by Megan Murphy concerning resident access to  
the nurses’ station. Ms. Nielsen said that she observed Ms. Peck and Mr. Crawford in  
conversation, but she was not paying much attention to it as she returned to her duties  
on the East Unit. A little later that day, Mr. Crawford informed her that Ms. Peck was not  
in agreement with the recommendations in the letter.  
[34] Ms. Nielsen testified that around noon that same day, Mr. Crawford told her that he had  
heard back from one union, CUPE. He said this while Ms. Nielsen and Ms. Beaver were  
having lunch in the meeting room and he indicated, “if we could just find a couple of  
people we could trust, we can get started”. She said that later that afternoon, Mr.  
Crawford asked both Ms. Beaver and herself if they would be interested in attending a  
meeting about joining a union, to which she agreed.  
[35] Ms. Nielsen testified that on Thursday, February 25, 2021, around 10:15 a.m., she was in  
the process of delivering two newspapers for East Unit residents when she noticed Ms.  
Peck standing between the nurses’ station and the dining room. When Ms. Nielsen  
reached one of the resident’s room, Ms. Peck approached her and asked her if she was  
happy to be back at work. Ms. Waldron, another CCA, was present when Ms. Peck made  
the comment. Ms. Nielsen testified that she believed that Ms. Peck’s tone indicated that  
Ms. Peck believes that Ms. Nielsen was not happy to be back at work. Ms. Nielsen  
indicated to Ms. Peck that she missed her work routine and as she walked down the hall,  
Ms. Peck followed her and asked her the names of residents in rooms that they had  
passed, with a question, “are they the problem?” Ms. Nielsen testified that she  
understood that the questions were in respect to whether these were the residents  
referred to that were wandering into the nurses’ station and taking things.  
[36] Ms. Nielsen further testified when she got to a resident’s room, referred to at the hearing  
as DC, Ms. Peck inquired whose room it was as the resident was not in their room. Ms.  
Peck then requested Ms. Nielsen to come into the room and close the door. Ms. Nielsen  
testified that Ms. Peck then made the comment “I shouldn’t be asking you this, but you  
are a loyal staff member so I will ask you anyways”. Ms. Peck then asked her if she had  
heard of any talk going around about getting a union in Wynn Park Villa. Ms. Nielsen  
replied to Ms. Peck that she had not heard anything, notwithstanding she had heard some  
talk from Mr. Crawford the previous day. She testified Ms. Peck repeated the question  
several times and indicated it would take 50 percent of the staff to get a union. Ms. Peck  
then wondered aloud if 50 percent of the staff could be unhappy. Ms. Nielsen said Ms.  
Peck named Ms. Waldron as perhaps being a complainer. Ms. Nielsen told Ms. Peck she  
did not know, but Ms. Peck could ask Ms. Waldron  
[37] Ms. Nielsen testified she asked Ms. Peck if anyone had tried to get a union into Wynn Park  
previously to which Ms. Peck responded that years ago there was an attempt and she had  
told the union organizers at that time that a union was not wanted and if they did not like  
that they should go work somewhere else. Ms. Nielsen further testified that Ms. Peck  
stated, “…if it is still the same, if people are not happy, they should not work here”. She  
said Ms. Peck then indicated Ms. Peck thought it was mostly staff in the East Unit that  
were wanting a union. She questioned Ms. Peck whether it was her own rotation, or  
another rotation and Ms. Peck said she did not know. Ms. Peck wondered out loud if the  
talk of a union had to do with the request for the Plexiglas or nurses’ station barrier.  
[38] Ms. Nielsen testified that, when the conversation with Ms. Peck ended and Ms. Peck went  
to leave the room, Ms. Peck turned to her and said, “do not tell anyone we had this  
conversation, this conversation never happened”. Ms. Nielsen said that she felt the  
conversation with Ms. Peck was very intense and she left the room feeling uncomfortable,  
interrogated, intimidated and threatened. She said she was shaken and that when she  
saw Ms. Beaver, she told Ms. Beaver about the conversation with Ms. Peck and that she  
was stressed out having to deal with her father and having to deal with the confrontation  
with Ms. Peck. Ms. Nielsen said she became very emotional and cried and she felt abused,  
especially where she was told not to tell anyone about the conversation.  
[39] Ms. Nielsen testified Ms. Waldron came by and saw her condition and she did not want  
to discuss it right there with Ms. Waldron, but a few days later she told Ms. Waldron about  
the conversation with Ms. Peck. She testified she also emailed Mr. Crawford the next  
morning about her conversation with Ms. Peck and she referred to Exhibit A attached to  
her affidavit.  
[40] Ms. Nielsen testified that the next day, Friday, February 26, 2021, when she was off work,  
she received a text message from Mr. Crawford around 3:00 p.m., stating that he had  
been fired over the phone by Ms. McEwen and he was not given a reason, but the letter  
was going to come to him on Monday. Ms. Nielsen said she felt terrible because, due to  
her conversation with Ms. Peck the day before, she felt that Mr. Crawford might have  
been fired for his union involvement. She said Ms. Peck made it clear that management  
did not want a union. She said she felt scared about what may happen next.  
[41] Attached as Exhibit B to her affidavit was a Facebook friend request from Ms. Peck of  
February 27, 2021, but she did not accept that request.  
[42] Ms. Nielsen testified that on Monday, March 1, 2021, the Director of Care, Ms. McEwen  
came and got her, Ms. Beaver and Ms. Waldron and took them to the East Unit meeting  
room and informed them that Mr. Crawford no longer worked at Wynn Park Villa and that  
she could not discuss any reasons due to privacy. She testified that Ms. McEwen looked  
around the room and said that she, Ms. McEwen, sometimes thinks the room is bugged.  
Ms. McEwen then indicated she had no reason to fire Mr. Crawford, and that  
management had written a letter and had her sign it. Ms. Nielsen further testified that  
Ms. McEwen admitted that Mr. Crawford was fired because Ms. Peck found out that he  
wanted a union. Ms. Nielsen testified that she believed, between the firing of Mr.  
Crawford and the behaviour of Ms. Peck, people who would otherwise have signed union  
cards and voted for the union were scared and afraid of losing their jobs.  
[43] Ms. Nielsen testified on March 5, 2021, around 1:30 p.m., as she was coming out of Room  
328, she saw Ms. Peck coming down the hall and calling out her name. Ms. Peck said that  
she wanted to apologize to Ms. Nielsen because, when she read the Rank and File article  
she believed she must have offended Ms. Nielsen. Ms. Nielsen responded to Ms. Peck by  
saying, “that’s funny because when I read the article in the paper, I thought she must be  
doing that to other people”. Ms. Nielsen testified that Ms. Peck then commented by  
saying “I did not do that to anyone else, you were the only one”.  
[44] Ms. Nielsen testified that she did not believe Ms. Peck as she had spoken to another staff  
member who said that Ms. Peck did the exact same thing to her on the same day that she  
did it to Ms. Nielsen. Ms. Nielsen said that she and Ms. Peck sat on the couch outside  
Room 328, which was recorded on camera, and had a long conversation. Ms. Nielsen said  
that Ms. Peck wanted to apologize to her and she accepted her apology, although she felt  
very uncomfortable. Ms. Nielsen testified that Ms. Peck told her that the union rally had  
been terrible, and that Mr. Crawford had told someone to F-off.  
[45] Ms. Nielsen said Ms. Peck continued to discuss Mr. Crawford and said that while Mr.  
Crawford had not made reference to that word(referring to the word union) at the  
nurses’ station, someone has called Ms. Peck at home and told her that Mr. Crawford was  
claiming he had said it. Ms. Nielsen assumed that since Ms. Peck was talking about the  
Rank and File article that the word she was referring to was the word union. She said  
while Ms. Peck was talking to her, Ms. Peck was not wearing a face mask and Sheila Dale  
(“Ms. Dale”), administrative assistant, came down the hallway and gave Ms. Peck one to  
put on.  
[46] Ms. Nielsen testified that she questioned Ms. Peck why she was so suspicious of her as  
she would never bad mouth the place, especially as the residents get good care at Wynn  
Park and co-workers treat each other with respect. She said Ms. Peck asked her if she still  
feels that way and she replied that she did. Ms. Peck indicated that when staff were  
unionized at Townsview Estates they were horrible to each other and it was a terrible  
atmosphere. Ms. Nielsen said Ms. Peck said she hoped we had made an informed decision  
and did our research because once you get a union you are stuck with it forever and Ms.  
Peck said it would be awful. She said Ms. Peck was shaking her head and not finishing her  
sentences, but conveyed a very negative view of unionization. She said Ms. Peck was very  
emotional about it and indicated that she hoped that staff would make an informed  
decision.  
[47] Ms. Nielsen said that she went back to work and was visibly affected by the conversation  
with Ms. Peck and she asked Denise MacKenzie, LPN, if the staff could have their break  
together that day, which they did in the meeting room. She said Sarah Weatherbee (“Ms.  
Weatherbee”) and Ms. Waldron sat with her and she told them about the conversation  
she had had with Ms. Peck. Ms. Nielsen said that after the break she spoke to Denise  
MacKenzie, who advised that Ms. Peck had done the same to her. Ms. Nielsen testified  
the atmosphere had been like walking on eggshells since the firing of Mr. Crawford.  
[48] Ms. Nielsen said that on Sunday, March 22, 2021, she was working, as was Ms. McEwen,  
which was rare for her. When Ms. Nielsen was in a shower room with a resident, Chantel  
Hamilton, LPN, opened the door and told her that Ms. McEwen had come and taken Ms.  
Beaver off the unit and indicated that she was concerned that perhaps Ms. Beaver was  
going to be terminated for union activities. Ms. Nielsen said that later that day she walked  
by the meeting room and saw Ms. Beaver crying. Ms. Beaver told her that Ms. McEwen  
had taken her into her office and accused her of campaigning for the union on work time,  
which Ms. Beaver denied. Ms. Nielsen said she believed Ms. Beaver because CUPE staffer  
Mr. Rao told them in previous conversations that they should not be organizing on work  
time.  
[49] Ms. Nielsen testified that, prior to the vote on March 26, 2021, she was informed that Ms.  
Peck had also spoken to Ms. Macumber who felt pressured, and to Ms. MacKenzie by  
phone at home.  
[50] She further testified that on April 7, 2021, Ms. McEwen and Denise MacKenzie, LPN, came  
to the East Unit meeting room when she, Ms. Beaver and Ms. Waldron were having their  
break. She said Denise MacKenzie had a list of things that she wanted to speak to Ms.  
Nielsen, Ms. Beaver and Ms. Waldron about. In particular Denise MacKenzie stated that  
the three employees’ breaks were too long, they were not starting the day early enough  
and Ms. McEwen had raised concerns about the atmosphere in the East Unit for the  
residents as no one wanted to come and work on that unit. Ms. Nielsen testified that she  
asked to know who she may have offended so that she could apologize, and Ms. McEwen  
said, “if it was me, I would have to take you in my office and speak to you about it”. Ms.  
Nielsen said that Ms. McEwen said that to her while she was looking at Ms. Beaver. Ms.  
Nielsen said that Ms. McEwen then turned to Ms. Beaver and pointed her finger right at  
her and said she had been the one most passionate about this and that they were very  
angry and were not used to Ms. Beaver acting like that. Ms. McEwen said her daughters  
Megan Murphy and Madison Murphy had been afraid to come to work. Ms. Nielsen  
testified that Ms. McEwen questioned them as to why they felt their jobs were not secure  
and Ms. Nielsen, Ms. Beaver and Ms. Waldron said it was because Mr. Crawford was let  
go without reasons being given. Ms. Nielsen said they told Ms. McEwen they did not feel  
that they were acting rudely to anyone and that they felt they were being watched by  
other staff all the time. She testified she felt she was, as well as Ms. Beaver and Ms.  
Waldron, being targeted and treated differently and unfairly due to their support of  
getting unionized because of the complaints the union had filed.  
[51] Ms. Nielsen testified that on April 8, 2021, she ran into Ms. Vaughan at Walmart and Ms.  
Vaughan told her how Ms. Peck had spoken to her privately and stated that as an RN Ms.  
Vaughan needed to support management. Ms. Nielsen understood that to mean to  
support Wynn Park and not support the union. Ms. Vaughan told Ms. Nielsen that Ms.  
Peck had told her not to tell anyone about their conversation and further that Ms. Peck  
said “this conversation never happened”.  
[52] Ms. Nielsen testified that, based upon her conversations with Ms. Vaughan, Denise  
MacKenzie, and Mr. Crawford and what others had told her, she suspected that Ms. Peck  
also spoke to other staff to pressure them to support management and vote against the  
union. She testified that it was her belief that the actions of management probably made  
a difference in the outcome of the vote held March 26, 2021, which was counted on April  
21, 2021. Ms. Nielsen said she was informed by Mr. Rao of CUPE that the outcome of the  
vote was 42 Yes, and 46 No with 2 envelopes not being opened due to a labelling error.  
[53] With respect to allegations about Mr. Crawford, Ms. Nielsen testified some residents who  
had dementia and cognitive issues often wander into the nurses’ station and some may  
give back rubs or back scratches, but she never heard of any of the RNs, LPNs or CCAs  
inviting the residents in. She said Mr. Crawford received a back rub from a resident who  
had cognitive issues. She conceded on cross examination that she did not mention in  
paragraph 6 of her affidavit that some residents were giving back rubs or back scratches  
to staff. She testified that Mr. Crawford said in the Rank and File article that he had been  
fired for saying the word ‘union’, however she said she did not hear Mr. Crawford say that  
at the nurses’ station.  
Testimony of Sarah Weatherbee  
[54] Ms. Weatherbee testified she has worked at Wynn Park since May 2012 as a CCA, mainly  
full time in the North Unit, since February 2020. She previously worked part time in all  
three units. She testified she heard from other employees that Mr. Crawford was fired in  
February 2021. She also read the article in Rank and File publication which indicated Mr.  
Crawford was fired for saying the word ‘union’. She testified that did not surprise her as  
Ms. Peck had said a few years prior to not say the word ‘union’ around her. Ms.  
Weatherbee testified however, that Ms. Peck did not say that to her, and she does not  
remember who told her that. She testified she was not surprised because other  
employees had told her that Wynn Park did not want a union. Ms. Weatherbee also  
testified that Ms. McKay indicated to her that she was concerned of being let go and  
advised Ms. Weatherbee not to use the word ‘union’.  
[55] Ms. Weatherbee testified that on Friday, March 5, 2021, she saw Ms. Nielsen after lunch  
and Ms. Nielsen had indicated she had been talking with Ms. Peck while both were sitting  
on a couch in the hall. Ms. Weatherbee said it was unusual to see Ms. Peck as she very  
rarely came to their floor and when she saw Ms. Peck, Ms. Peck was not wearing a mask  
and she wondered why she had Ms. Nielsen aside to talk to her. Ms. Weatherbee said  
that after Ms. Nielsen spoke to Ms. Peck, Ms. Nielsen appeared to be upset. Ms.  
Weatherbee identified, in Exhibit U-1, Tab 14, the East Unit area where Ms. Peck and Ms.  
Nielsen were seated while talking outside Room 328 and she identified a video camera  
that overlooked that area. Ms. Weatherbee testified that Ms. Nielsen had told her that  
Ms. Peck was sorry for the article in the Rank and File publication.  
[56] Ms. Weatherbee testified that she was curious of Facebook comments showing screen  
shots of the Wynn Park Villa team and she said Julie White (“Ms. White”) created the  
Wynn Park Villa Facebook page. Ms. Weatherbee said that there were comments by Ms.  
Peck, Ms. McEwen, Ms. Blois, Megan Murphy and others. Ms. Weatherbee testified that  
it was her view that Wynn Park was trying to get staff to vote against the Union. Ms.  
Weatherbee testified that on the day of the vote, staff of Wynn Park were given pizza  
around lunch time. She said this was interesting because it was not very often that they  
received free food from Wynn Park, aside from special occasions such as Christmas,  
Thanksgiving, Easter, etc. Ms. Weatherbee said that she thought there were pro-union  
and non-union camps and Ms. White was in the non-union camp, as well as Ms. McKay.  
She thought the Wynn Park Facebook was more of a public Facebook and not a union  
Facebook page. She said she did not look at the Wynn Park Villa’s Facebook page very  
often.  
[57] Ms. Weatherbee was referred to the Respondent’s Exhibit Book, Tab 4, being the notice  
to employees of application for certification being posted. She said with respect to the  
pizza being given to staff on the day of the vote, to her knowledge it was not pre-planned  
and she thought about three to four years ago they were given free pizza during a snow  
storm. She said she was not there at the time, but she had heard about it. She said a few  
years’ earlier coffee and muffins were brought in and sometimes there was a BBQ.  
[58] Ms. Weatherbee testified Ms. Beaver’s daughter brought in some cupcakes the day of the  
vote which were available to everyone in the unit as well as the pizza that was supplied  
by Wynn Park. She said she was not surprised when she saw the article in the Rank and  
File publication that Mr. Crawford said he was fired for using the word ‘union’. She  
accepted the article at face value.  
Testimony of Leslie “Joy” MacKenzie  
[59] Ms. MacKenzie testified she is a CCA and has worked at Wynn Park since June 2012. She  
filed an affidavit referred to in the Union’s Exhibit Book 1, Tab 3. She testified that she  
heard around March 2, 2021, from her co-workers that Mr. Crawford had been fired. She  
said she was shocked that he had been fired for saying the word ‘union’. She said she has  
been working at Wynn Park for over 9 years and it was common knowledge among staff  
that if you say the word ‘union’, you will be fired.  
[60] Ms. MacKenzie testified she never saw the article in Rank and File and she does not use  
technology. She testified that on Thursday, March 4, 2021, she was having lunch in the  
North Unit lunchroom with Kathy Blaikie, another CCA, when Ms. McEwen, Director of  
Care, came into the lunchroom and shut the door. Ms. McEwen indicated there was a lot  
of talk going on about a unionization drive and indicated to them that if they had any  
questions to come and ask her, but she was not allowed to talk. She testified that Ms.  
McEwen told her and Ms. Blaikie that they would not be allowed to be part of the union  
because they were supervisors. Ms. MacKenzie said she was left with the impression that  
management was concerned that employees would join the union and management was  
discouraging it. Ms. MacKenzie further testified that she was left confused as to whether  
RNs or LPNs could be part of the union and she had heard from some employees who  
were supporting the union that LPNs and RNs could be in the union. She said she was  
informed by Ms. Rafuse on March 21, 2021, that there would be a union meeting at the  
Best Western, but she could not attend.  
[61] Ms. MacKenzie testified she did not know about any union organization on or about  
March 4, 2021, or whether a union campaign drive was ongoing. She testified that around  
March 4, 2021, when Ms. McEwen met with them, that she, Ms. MacKenzie, did not know  
of the union drive. With respect to her affidavit, paragraph 6, Ms. MacKenzie testified  
that while there was a lot of talk going on, she did not use those words, and someone  
prepared the affidavit on her behalf. She believed it might have been Mr. Rao. Ms.  
MacKenzie testified that she did not recall seeing her affidavit before the hearing and she  
acknowledged there may be some inaccuracies in it, although she did acknowledge  
signing it. She confirmed that she did not read over her affidavit before she signed it and  
only started to read it when she began testifying at the hearing.  
[62] Ms. MacKenzie testified that, with respect to the union meeting on March 21, 2021, she  
did not participate as she was off work that day. She said she received a phone call on  
Monday March 22, 2021, from Ms. Peck who wanted to know if she was at the meeting  
at the Best Western on Sunday night, March 21, and she indicated she was not as she was  
home with her elderly mother. She testified Ms. Peck told her there was a lot of stuff  
going on and if she had any questions, she could call her at any time. Ms. MacKenzie said  
Ms. Peck expressed concern that Ms. MacKenzie may have attended a union meeting.  
She said she felt upset after Ms. Peck called her at home and she felt intimidated. Ms.  
MacKenzie testified that Ms. Peck only talked to her a few times over the 9 years that she  
worked at Wynn Park and she never called her at home. Ms. MacKenzie testified she did  
not think it was any of Ms. Peck’s business if she did attend a union meeting. She felt Ms.  
Peck did not want her to get involved with the Union. Ms. MacKenzie said following the  
call with Ms. Peck, she texted Ms. Rafuse to tell her about the phone call.  
[63] Ms. MacKenzie testified that she was aware that in reply to the union complaints that  
Wynn Park has claimed that Ms. Peck only called to inform her where and when to vote.  
However, Ms. MacKenzie testified that Ms. Peck never mentioned anything on the phone  
about where the union vote would happen, and she only found out of the location of the  
vote a day or two later when she texted again with Ms. Rafuse.  
[64] On cross examination, Ms. MacKenzie indicated that paragraph 15 of her affidavit did not  
reflect her language. Specifically, she said that she would not use the words “third day of  
vacation”. Ms. MacKenzie acknowledged that she could have proofread her affidavit and  
that she did not read it carefully before she signed it. She thought Mr. Rao had given it to  
her to read over and sign. She also acknowledged, on cross examination, that she does  
not use email and it would not be unusual for someone to call her, such as Ms. Peck, to  
inform her of the union vote; however, she said Ms. Peck did not tell her of the date and  
place for the union vote during that call.  
Testimony of James Moore  
[65] Mr. Moore testified that he has worked at Wynn Park since March 2009 and in the year  
2013, he became a CCA and he is now working in the West Unit of Wynn Park.  
[66] Mr. Moore testified that he saw the Rank and File photo of Mr. Crawford with his dog,  
but he did not read the article and he thought that was around March 2, 2021. He testified  
that Denise MacKenzie, a co-worker, told him that Mr. Crawford was terminated and that  
he had used the word ‘union’ at a meeting with management. Mr. Moore testified that  
he was at a meeting on March 14, 2021, attended by approximately 15 to 20 people, and  
there was information on unionization. He also attended a meeting on March 22, 2021,  
with approximately 20 to 30 people there. At the meeting of March 14, he indicated that  
Mr. Rao of CUPE was in attendance and Mr. Rao was providing information on behalf of  
the Union and Mr. Crawford was also there and at that time he had been terminated.  
[67] Mr. Moore testified that at the meeting of March 22, 2021, which he understood to be a  
sharing of information meeting, he asked questions of Mr. Rao. Also, he saw Ms. McKay  
and Madison Murphy speaking to Mr. Rao outside in the hall. He testified there was a lot  
of support for the union at that meeting.  
[68] Mr. Moore testified that he was aware of a lock being broken on March 22, 2021, on a  
filing cabinet which was used by Ms. Rafuse; however, he did not see who took off the  
lock and someone just told him about it. He said employees have access to filing cabinets  
and he did not speak to Ms. McEwen about the lock being broken nor did he ask Ms.  
Rafuse about it.  
[69] He testified he had been dissatisfied with working at Wynn Park over the last two years  
as he had friction with a co-worker, which he spoke to Ms. McEwen about. He also applied  
for a recreation coordinator position but was unsuccessful, although he never expressed  
any upset with the person who received the job.  
[70] Mr. Moore testified on April 1, 2021, April Fool’s Day, he had set off an alarm bell and was  
disciplined by Ms. McEwen.  
Testimony of Shalene Rafuse  
[71] Ms. Rafuse testified that she is an LPN at Wynn Park and has worked there since  
November 2011. She was cross examined on her affidavit referred to in Exhibit U-1, Tab  
4. She testified she works on the North Unit of Wynn Park and when she started working  
in November 2011, she recalled seeing a posted sign on the double doors leading to the  
back maintenance hallway saying words to the effect, “if approached by a union  
representative, do not talk to them”. She stated these doors led to the housekeeping  
rooms, staff break room, laundry room, EMO room, maintenance room, etc. She testified  
she concluded that management opposed unions.  
[72] Ms. Rafuse further testified this belief was supported by a former employee, Jacqueline  
Dale, who also saw signs in 2011 to 2012 that talk of a union would not be tolerated. Ms.  
Rafuse testified that on March 2, 2021, she was made aware that a co-worker, Mr.  
Crawford, had been fired. She found this out from a Rank and File article, which was a  
CUPE union publication. She also testified that on March 2, 2021, she had a conversation  
with Ms. Vaughan, RN, who told her that Ms. McEwen, Director of Care, had told her that  
there were no grounds to fire Mr. Crawford and that Ms. McEwen did not agree with his  
firing, but Ms. Peck wanted him terminated.  
[73] Ms. Rafuse testified that on the morning of March 5, 2021, Ms. McEwen came onto her  
unit and said that day was going to be disruptive because of a rally going on and the fact  
that Mr. Crawford was terminated. She said Ms. McEwen also said to her words to the  
effect that, “you know as a supervisor, you would not be able to be involved with the  
union”. She said Ms. McEwen wanted to know where her head was with all of this and  
she was referring to the union drive and rally. Ms. Rafuse said she told Ms. McEwen that  
she was just taking it all in.  
[74] Ms. Rafuse further said Ms. McEwen told her they expect support of the supervisors to  
be on board with management, and thus she believed they expected her to be against  
the union drive. Ms. Rafuse said she felt upset, scared and confused as to whether she  
should sign a union card. She testified on that same day, March 5, 2021, Ms. Vaughan,  
RN, had told her of a similar conversation she had with Ms. McEwen whereby Ms.  
McEwen informed Ms. Vaughan that RNs would not be able to join CUPE and that senior  
staff were expected to be on board with management. She said she subsequently found  
out in days to follow that Ms. Cameron, LPN; and Bonnie Ross, RN had similar  
conversations with Ms. McEwen as well as Ms. MacKenzie and Cathy Blaikie. Ms. Rafuse  
testified that on March 5, 2021, at 2:00 p.m., she was at the desk in the nurses’ station  
doing paperwork and she saw on the monitor that Ms. Peck was talking to Ms. Nielsen for  
more than 30 minutes in the East unit. She said there are three units, East, West and  
North Unit and she mainly works in the North unit.  
[75] Ms. Rafuse testified that on March 16, 2021, at approximately 10 a.m., Ms. McEwen held  
a meeting in the board room on the first floor and Ms. Rafuse was present as well as Ms.  
Vaughan, Denise MacKenzie, and Janet Stone. Ms. Rafuse said Ms. McEwen told them  
they were expected to be supportive of Wynn Park as supervisors and they were not to  
be whispering in the hallways to each other. Ms. Rafuse testified that she took that to  
mean they had to be supportive of senior management’s position of being anti-union.  
[76] Ms. Rafuse testified that Denise MacKenzie and Ms. Vaughan raised concerns that some  
staff were being intimidated and upset by Ms. Peck talking to staff members in private  
and Ms. McEwen indicated that Wynn Park was Ms. Peck’s building and she had every  
right to come up to the units. Ms. Rafuse said Ms. McEwen said staff get upset when she  
does not go to the units and now they are upset that she is coming up. She said Ms.  
McEwen did not answer the questions about staff members being taken aside and talked  
to privately with Ms. Peck.  
[77] Ms. Rafuse testified she felt intimidated and upset that Ms. McEwen, who was the  
Director of Care, was directing comments at her and Ms. Vaughan. She said Ms. Vaughan  
called her in the evening of March 16, 2021, to say she also felt Ms. McEwen was speaking  
to them directly.  
[78] Ms. Rafuse testified that on Sunday, March 21, 2021, Ms. McEwen asked to speak with  
her in her office. Ms. Rafuse said she found it strange that Ms. McEwen came to work on  
a Sunday as she rarely comes in on the weekend. She testified she had seen her on a  
monitor entering the East Unit with Ms. Beaver going into her office and then leaving her  
office and walking toward the North Unit. Ms. Rafuse testified that she asked Ms. McEwen  
if Ms. Burns could accompany her to Ms. McEwen’s office and was told by Ms. McEwen,  
“there is no union here, you do not need someone with you”.  
[79] Ms. Rafuse testified that Ms. McEwen requested her to stop harassing co-workers about  
the union and also questioned her about who had told Ms. Rafuse that she could  
campaign for the union on her breaks. Ms. Rafuse said that she told Ms. McEwen that it  
was CUPE, but Ms. McEwen stated that it was not allowed as they were paid breaks. Ms.  
Rafuse said Ms. McEwen indicated that staff were feeling harassed and felt as if they could  
not come to work or visit on the unit. Ms. Rafuse further said she told Ms. McEwen that  
the claim of harassment was not true and she had been careful not to set up any follow-  
up messages to people who were not interested and she was not aware of anyone being  
uncomfortable. Ms. Rafuse testified that, even though they had paid breaks, they had to  
stay on the premises.  
[80] Ms. Rafuse testified that Ms. McEwen said to her that she did not know why Ms. Rafuse  
was so passionate about the union and that she needed to continue to be a supervisor.  
Ms. Rafuse testified that, since she knew Mr. Crawford was a supervisor who had been  
fired, she was fearful for her job if she did not stop participating in the union.  
[81] Ms. Rafuse testified that following the meeting with Ms. McEwen she returned to the  
North Unit shaken up, crying, and feeling intimidated. She said she told her co-workers,  
Ms. Burns, Kelly LeBlanc and Bonnie Ross, that she was scared that she was going to be  
fired for supporting the union. She said that on March 22, 2021, she was informed by Mr.  
Moore, CCA that he knew management went into her filing cabinet on her day off. Ms.  
Rafuse said she received a text message on her day off, March 22, 2021, from Ms.  
MacKenzie in which Ms. MacKenzie explained that she had received a call from Ms. Peck  
who asked if she was at a union meeting on Sunday, March 2, 2021. Ms. Rafuse testified  
that a complaint was filed on Ms. MacKenzie’s behalf and Ms. Peck said she was calling  
to convey information about the day, time and place of the union vote. Ms. Rafuse  
testified that she found that strange as she only found out from the CUPE staffer, Mr. Rao  
on the evening of March 23, 2021, when the vote would take place. She testified she was  
informed by Ms. MacKenzie that Ms. MacKenzie was only informed of the time of the  
vote on March 24, 2021.  
[82] Ms. Rafuse testified that she told her coworkers and they were all upset that management  
would go into her filing cabinet. She said management’s reason was that if there was a  
licensing inspection or audit it would have to be opened. Ms. Rafuse said that since she  
had been working there since 2011, she finds this to be too much of a coincidence. She  
testified since 2011, whenever there would be a licensing inspection or audit, there was  
preparation to ensure everything was in order. She said they never had charts or drawers  
cleaned or reorganized in her unit or any other unit.  
[83] Ms. Rafuse testified she was made aware by a co-worker, Danielle McCallum, that Ms.  
Peck had made statements to kitchen staff that their pensions would be affected if the  
union came in. Ms. Rafuse said she was concerned that management was spreading  
untruths to convince employees to oppose the union. She said Ms. McCallum indicated  
an employee who was near retirement would most likely decide to oppose the union if  
that was the case.  
[84] Ms. Rafuse testified that on Thursday, March 25, 2021, that she had a conversation with  
Ms. Vaughan who told her that Ms. Peck expected her to remain loyal to the company  
and said words to the effect, “do I have your loyalty?” and she was pressuring Ms.  
Vaughan to support the management. Ms. Rafuse testified that Ms. Vaughan told her that  
she told Ms. Peck that she was just staying neutral, which was consistent with what Ms.  
Vaughan had told Ms. Rafuse before. Ms. Rafuse said Ms. Vaughan was very upset and  
emotional and was nervous about her continued employment.  
[85] Ms. Rafuse testified that, in a subsequent conversation with Ms. Vaughan, after March  
25, 2021, Ms. Vaughan provided additional information about her discussions with Ms.  
Peck. One conversation took place in Ms. Vaughan’s office in the adult day room, where  
Ms. Peck closed the door and told Ms. Vaughan that someone had said she had been  
whispering with Ms. Rafuse which raised the suspicion that Ms. Vaughan was pro-union.  
Ms. Rafuse testified that Ms. Vaughan said that Ms. Peck had made numerous comments  
about the union and said “if people talk union, you need to ask people - why do you need  
a union?”  
[86] Ms. Rafuse further testified that on March 26, 2021, which was the voting day, she read  
a Facebook post by Ms. Peck on the Wynn Park Villa Facebook page, which is attached as  
Exhibit C to her affidavit, thanking staff for their support. Ms. Rafuse said that it was her  
belief that Ms. Peck would reward those that supported management and target those  
who did not. Further, she testified Ms. Beaver shared a screen shot where Ms. Peck had  
posted to her Facebook page the words “unfortunately, Karma is going to hit some of you  
all for ya’ll people who had nothing but good intentions for you”. Ms. Rafuse said she  
found that very alarming and she felt it was directed at pro-union staff such as herself.  
[87] Further, Ms. Rafuse testified that on April 24, 2021, Ms. Burris texted her regarding Ms.  
Thody. Apparently, Ms. Thody had said she was devastated because she thought  
everyone liked working at Wynn Park and it was a tragedy certain people were forcing a  
corrupt union on everyone and victimizing her family. Ms. Rafuse testified that on that  
same day, Ms. Burris texted her regarding Mr. Thody, who had threatened to keep Ms.  
Burris’ benefits from her for another three months because she had 2 sick days. Ms.  
Burris’s text said of Brittany and Mark Thody, “they have to be accountable”. Ms. Rafuse  
testified she was informed by Mr. Rao that Ms. Burris’ texted him on April 23, 2021, saying  
Brittany and Mark Thody portrayed the union as an evil entity that was out to ruin her life  
and Mr. Thody was no better than Ms. Thody by threatening Ms. Burris’ for missing a few  
days.  
[88] Ms. Rafuse further testified she saw the union rally from the balcony and it was peaceful  
and there was no honking of horns, contrary to Ms. McEwen saying the day was going to  
be a disruption due to the rally.  
Testimony of Jenna Cameron  
[89] Ms. Cameron filed an affidavit referred to in Exhibit Book U-1, Tab 5. She testified that  
she is an LPN at Wynn Park and works on the East Unit. She has worked at Wynn Park for  
five years. She testified that on March 23, 2021, the CA Ms. Macumber, who is now an  
RN, told her that the administrator Ms. Peck questioned her about how she was going to  
vote and pushed her to vote for the employer against the union. At 3:00 p.m. on that  
same day Ms. McEwen came into the nurses’ station on the East Unit and started a  
conversation with Ms. Cameron, Ms. Macumber, Sharon Fiddes and Santana Higgins.  
[90] Ms. Cameron testified that, during her conversation with Ms. McEwen, Ms. Peck came by  
and Ms. Macumber left the area. After Ms. McEwen left, Ms. Macumber reappeared and  
said that Ms. Peck had pulled her aside and asked her to be there for the vote because  
she knew where Ms. Macumber’s vote was. Ms. Cameron testified that Ms. Macumber  
further said that Ms. Peck had repeated words to the effect of, “well, I do don’t I?” Ms.  
Macumber appeared visibly upset and said she was shocked, upset and concerned that  
Ms. Peck was pressuring employees to vote against the union.  
[91] Ms. Cameron testified on cross examination that her affidavit was prepared for her to  
sign by Mr. Rao and she went through it many times before she signed it.  
Testimony of Tessa Burns  
[92] Tessa Burns (“Ms. Burns”) testified on her affidavit referred to in Exhibit U-1, Tab 6 that  
she has worked as a CCA at Wynn Park since the summer of 2018. In September 2019,  
she went back to school but remained an employee at Wynn Park as a casual employee.  
Due to Covid-19, she left school early and came back to work at Wynn Park, working on a  
casual basis from March until August 2020, and then going into a permanent position on  
March 1, 2021.  
[93] Ms. Burns testified she was personally present and saw Ms. Peck in the North Unit not  
wearing her mask while talking to David McNutt on March 5, 2021. Ms. Peck interrupted  
her break to tell her that management would put a box downstairs and Ms. Peck would  
like them to vote yes or no to a union using the employer’s box so she could see where  
the employees stood regarding wanting a union or not. Ms. Burns said Ms. Peck inquired  
where Ms. Rafuse was as she wanted to speak to her.  
[94] On cross examination Ms. Burns testified that, according to Ms. Peck, the box was a  
suggestion box and not a voting box, and confirmed that it is still there today. She  
conceded suggestions can be put in the box and conceded there was no discussion  
generally about union or voting. She said the box was actually placed there by Ms.  
Waldron.  
Testimony of Beverley Waldron  
[95] Ms. Waldron testified on her affidavit referred to in Exhibit Book U-1, Tab 7, and  
confirmed that she has worked as a CCA at Wynn Park since May 2012 on the East Unit.  
She testified she is one of those who signed a letter of February 16, 2021, outlining the  
East Unit staff’s concerns about residents getting into the nurses’ station and she stated  
that letter was drafted by LPN Megan Murphy and was passed on the administrator, Ms.  
Peck, around February 17, 2021.  
[96] Ms. Waldron testified that on or about February 24, 2021, Ms. Peck and Ms. Blois, Human  
Resources Director, were along the hallway and were discussing with Mr. Crawford issues  
that were raised in the letter that Megan Murphy had sent to Ms. Peck. She testified she  
joined the conversation for a few minutes and then returned to her duties. Ms. Waldron  
said subsequently when she saw Mr. Crawford at a union meeting at the Glengarry Best  
Western, he told her that Ms. McEwen had said to him, “way to go” on February 24, 2021,  
when he told her of his suggested changes to the nurses’ station with Ms. Peck. Ms.  
Waldron indicated on cross examination, however, that with respect to paragraph 8 of  
her affidavit, she was not present when Ms. McEwen made the statement, “way to go”  
to Mr. Crawford.  
[97] Ms. Waldron testified that on Thursday, February 25, 2021, she was entering a resident’s  
room to deliver towels and she found Ms. Nielsen and Ms. Peck already in the room  
having a conversation. Ms. Waldron heard Ms. Peck ask Ms. Nielsen if she was happy to  
be back at work. She said Ms. Nielsen and Ms. Peck then started to walk down the hallway  
and she was following behind when she realized she was not part of the conversation and  
she returned to her duties. Ms. Waldron said later on she found Ms. Nielsen in Room 337  
with Ms. Beaver. Ms. Nielsen was crying and upset and did not want to talk about it. Ms.  
Waldron testified that a few days later Ms. Nielsen told her what happened, which was  
Ms. Peck had pulled Ms. Nielsen aside to ask her whether people were organizing a union.  
Ms. Nielsen said that Ms. Peck said “was it Beverley Waldron who was talking about a  
union” and Ms. Nielsen replied “why don’t you ask her?” On cross examination with  
respect to paragraph 9 of her affidavit, Ms. Waldron stated she was not present for the  
conversation between Ms. Nielsen and Ms. Peck.  
[98] Ms. Waldron testified that on March 1, 2021, Ms. McEwen came to the East Unit and  
wanted to talk to her, Ms. Nielsen and Ms. Beaver. Ms. McEwen took them into the  
meeting room and closed the door and said she wanted to let everyone know what had  
happened to Mr. Crawford, and she said it was not her idea to fire him. Ms. Waldron said  
that Ms. McEwen looked around the room and said the room might be bugged,  
commenting, “I have nothing against him”, “I would not have fired him, I was forced to  
sign the paper”, and then the meeting ended.  
[99] Ms. Waldron testified that on Friday, March 5, 2021, she was going to a resident’s room  
and she saw Ms. Peck walking down the hallway without a mask looking for Ms. Nielsen  
and calling out her name. She said Ms. Peck asked her where Ms. Nielsen was and Ms.  
Waldron indicated that she would go get her. Ms. Waldron located Ms. Nielsen and told  
her that Ms. Peck was looking for her, to which Ms. Nielsen replied, “oh no, not again”.  
[100] Ms. Waldron testified that in the afternoon of March 5, 2021, on her break, she and Ms.  
Weatherbee were told by Ms. Nielsen that Ms. Peck had apologized to her and told Ms.  
Nielsen that she, Ms. Peck, should not have been on the unit talking to her. Ms. Nielsen  
seemed to be very emotional and upset about that conversation with Ms. Peck.  
[101] She also testified Mr. Crawford did help others with residents on the unit.  
[102] Ms. Waldron further testified expandable barriers were not always up in the nurses’  
station, and nurses and CCAs were constantly coming in and out. However, she said the  
concerns raised by Mr. Crawford about having Plexiglas were raised, she believed,  
sometime around the end of February 2021.  
Testimony of Kristen Crawford  
[103] Kristen Crawford (“Ms. Crawford”) testified she is a second cousin of Mr. Crawford and is  
in the licensing practical nursing program. She said she started working at Wynn Park in  
April 2018, and Ms. Blois, HR Manager, had hired her as a casual in housekeeping. She  
said she worked approximately 30 to 40 hours a week and she worked in all the units,  
North, East and West. She testified she became full time around October 2019 and she is  
a residential care assistant and eventually went into CCA work.  
[104] Ms. Crawford testified that after being hired she was warned by others to not say the  
word ‘union’ and she was aware a housekeeper was spoken to by Ms. McEwen for talking  
about attending a meeting at a union. Ms. Crawford testified that she saw Ms. Peck’s  
screen shot of Wynn Park team Facebook page, referred to in Exhibit Book U-1, Tab 14,  
and she believed the site was created by Ms. White who works in housekeeping. Ms.  
Crawford said she saw the Facebook page the day it was created and Ms. White had sent  
a Facebook invitation to her, which she declined. Ms. Crawford believes the site was open  
to the public; however, she was told by Ms. Waldron that Ms. McEwen blocked Ms.  
Waldron from the Facebook page.  
[105] Ms. Crawford testified she thought Ms. White was friends with management. She said  
Ms. Burris thought the union would be helpful and was trying to get cards signed by staff  
members, however, Ms. Burris did not get along with some of the housekeeping staff.  
Ms. Crawford said she talked to Mr. Crawford after she saw the article in the Rank and  
File publication stating he was terminated for using the word ‘union’.  
[106] Ms. Crawford testified she was worried for her job and she thought the vote was a  
confidential vote and you should not feel intimidated. She said that, as of the day of her  
testimony, she was no longer employed by Wynn Park as she gave her two weeks’ notice  
effective May 14, 2021. Ms. Crawford said she had been nervous about her job security  
and felt the work environment was different after the vote and Ms. McEwen had blocked  
her off her Facebook page and she did not feel wanted at work.  
[107] Ms. Crawford testified on cross examination that there was a family connection to get  
into Wynn Park as her grandmother had been the Director of Care at Wynn Park, but the  
position is now filled by Ms. McEwen. Ms. Crawford said she received a reference from  
Mr. Thody for a VON position. She testified Ms. Beaver had told her not to say the word  
‘union’, due to issues from before Ms. Crawford started at Wynn Park.  
[108] Ms. Crawford said the pressure was on from both sides during the union campaign. She  
said when she received a text from Angela Meisner that Mr. Crawford was fired for using  
the word ‘union’, and management would not give a reason, she believed Mr. Crawford  
and the comments in the Rank and File article.  
Testimony of Tevin Crawford  
[109] Mr. Crawford was examined on his affidavit referred to Exhibit Book U-1, Tab 8. He  
testified he is a licensed practical nurse and worked at Wynn Park from June 2019 to  
February 26, 2021, when he was terminated by Ms. McEwen, Director of Care. He testified  
he was previously employed as an LPN at Glen Haven Manor, New Glasgow from July 20,  
2018, to May 16, 2019. He referred to his affidavit, paragraph 3, that he voluntarily  
resigned from Glen Haven Manor (after he misappropriated needles and gave untrue  
information on an incident report). He admitted his mistakes and was remorseful and  
admitted he learned from his experience.  
[110] Mr. Crawford testified that he applied in June 2019 (although on cross-examination he  
confirmed the application was earlier, with his interview in May 2019) to be an LPN at  
Wynn Park. Mr. Crawford said, when questioned as to what he told Ms. McEwen his  
reasons for applying to Wynn Park were, he did not say his girlfriend would be moving to  
Truro to attend NSCC, but rather that she had hoped to pursue a career in correction  
services.  
[111] Mr. Crawford testified that he disclosed to Ms. McEwen, at the job interview, the reasons  
for leaving his employment at Glen Haven Manor. Specifically, he told her that he was  
suspended without pay and did not have a management reference. He referred to  
paragraph 5 of his affidavit where he explained to Ms. McEwen, he could not get a full  
reference from his past manager, Janice Gordon. Mr. Crawford testified that Ms. McEwen  
told him that she did not require a management reference and agreed to two non-  
management references from Aran Gallur and Kim Rafuse, who had been supervisors at  
Glen Haven Manor. He acknowledged on cross-examination that neither one may have  
been aware of his suspension. He testified he did not use unauthorized references when  
he applied for his job at Wynn Park.  
[112] Mr. Crawford testified that he had told Ms. McEwen at the interview of the 2 incidences  
that led to his suspension with pay. He noted that Ms. Blois, HR Manager, only attended  
the meeting for half the interview. Mr. Crawford said that Ms. Blois might not have been  
present when he indicated to Ms. McEwen he was under suspension and the reasons for  
the suspension at Glen Haven Manor.  
[113] Mr. Crawford testified on cross examination that after Glen Haven Manor discovered he  
had misappropriated five needles and five syringes in addition to falsifying an incident  
report involving a vial of hydromorphone that he broke, he was sent home in March on  
paid leave from the workplace, pending an investigation which took place through April  
and May of 2019. He conceded that when he applied to Wynn Park he knew he was under  
suspension with pay for almost one month prior to applying.  
[114] In paragraph 3 of his affidavit Mr. Crawford states that he voluntarily resigned from Glen  
Haven Manor but acknowledged in cross examination that he was terminated and later  
signed a settlement agreement. He referred to a series of emails in Exhibit 1, Tab 9, and  
the Settlement Agreement, Exhibit R-3. He did acknowledge that the Settlement  
Agreement that he signed included a clause that required him to get management  
approval for his references.  
[115] Mr. Crawford said he received positive performance appraisals while working at Wynn  
Park. Mr. Crawford testified that at Wynn Park he received one disciplinary record,  
received from Ms. McEwen. It was in regards to a co-worker, a female LPN, who was  
having personal issues at home. The co-worker showed up on his night shift and they  
went into a room, with a closed door, for approximately 10 minutes, although he  
acknowledged on cross-examination it was closer to 20 minutes. Mr. Crawford admitted  
that the optics were not good that he saw her in behind closed doors and he  
acknowledged that he should not have left the nurses’ station especially without anybody  
covering it and leaving other nurses to handle some of the workload. In his affidavit there  
is a copy of a letter of a verbal warning at Exhibit A.  
[116] Mr. Crawford testified that it was possible that, at times, he might have left the nurses’  
station unattended and the Med Room open. He testified that at the nurses’ stations  
some patients with dementia and memory problems come in to give back rubs and he  
received some back rubs from some of these residents as did others on the nursing staff.  
[117] Mr. Crawford testified, through his affidavit, that on February 24, 2021, he had a meeting  
with Ms. Peck to discuss the safety concerns raised in the letter that had been signed by  
the staff about the East Unit nurses’ station. Mr. Crawford testified that he told Ms. Peck  
that staff felt that their voices were going unheard and that their opinion did not matter.  
He advised her that if there was a union that they would not be dealing with the safety  
issues contained in the letter. Mr. Crawford said that Ms. Peck responded that ‘whether  
we are unionized or not would not affect the fire marshal’s decision’, referring to the  
proposed installation of the Plexiglas. Ms. Peck also reminded him that Wynn Park ‘was  
non-unionized and would be staying that way.’ Mr. Crawford testified that Ms. Blois and  
other staff participated in the conversation between himself and Ms. Peck from time to  
time.  
[118] Mr. Crawford acknowledged that the Med Room should never be left alone as it contains  
patient’s medicines and residents often walk in the nurses’ station. He testified that there  
should always be somebody present for security. He felt that they should have either  
Plexiglas or a secured door to prevent residents from wandering in. Mr. Crawford testified  
that Ms. Peck disagreed. Mr. Crawford testified that at the meeting with Ms. Peck over  
his concerns about the nurses’ station he indicated to Ms. Peck if there was a union  
present his concerns would be addressed. He testified that the next day he was  
terminated for, in his opinion, using the word ‘union’ at the meeting with Ms. Peck. He  
referred to R-1, Tab 14 a Rank and File article where he was quoted as saying the reason  
he was terminated was because he used the word ‘union’ in front of Ms. Peck at a  
meeting.  
[119] Mr. Crawford testified that he spoke to some staff about the need for a union the same  
day that he spoke to Ms. Peck, including Meagan Murphy.  
[120] He said that up to his termination he believed that he had a good relationship with Ms.  
Peck and Ms. McEwen. He and the other nursing staff were concerned with the safety  
issues at the nurses’ station and thought that it could be resolved, however there was  
resistance from Ms. Peck.  
[121] Mr. Crawford said that he spoke to a couple of unions as he was concerned about security  
issues at the nurses’ station. Mr. Crawford said that the only union that got back to him  
was CUPE. Mr. Rao, the union representative, referred him to a reporter.  
[122] Mr. Crawford testified that subsequent to his termination he became aware of a  
complaint filed by Carrie Best, who was a casual part time worker. The complaint  
stemmed from a text he sent to her and included a claim that he hit on her. Mr. Crawford  
denied it and said that after she told him to stop texting her he did. Mr. Crawford said he  
respects women in the workplace and takes extra care in dealing with them.  
[123] Mr. Crawford confirmed that his affidavit was prepared by Mr. Rao.  
Testimony of Govind Rao  
[124] Mr. Rao testified that he is the National Service Representative for CUPE as well as a  
researcher and had previously lectured at McMaster University in Labour and Political  
Studies. He says that with respect to this hearing he was in email correspondence with  
Mr. Crawford in February 2021. Mr. Crawford advised that he had been terminated from  
Wynn Park and told Mr. Crawford that he believed the termination was as a result of his  
saying the word ‘union’ during a meeting with Ms. Peck. Mr. Rao also referred to Mr.  
Crawford stating that other workers had felt threatened and intimidated about joining a  
union.  
[125] Mr. Rao referred to Exhibit U-1, Tab 28, which is a notification of a CUPE car rally and said  
that at that time he was preparing for a March 5, 2021, car rally at Wynn Park. He  
indicated his intention was to be respectful of the neighborhood and of Covid-19. He  
stated that the purpose of the car rally was to support the worker who was terminated  
and exercising his rights to organize.  
[126] Mr. Rao also referred to a photograph of March 5, 2021, Exhibit U-1, Tab 15, which is a  
copy of a photograph of the car rally which was posted in the Truro News. Mr. Rao  
testified that he instructed the people attending the car rally not to honk horns or disrupt  
the neighbourhood and intended for it to be a peaceful rally. Following the car rally Mr.  
Rao said he organized a meeting for March 14, 2021, at the Best Western Hotel in Truro,  
Nova Scotia. He believed that approximately 17 people attended. Mr. Rao testified that it  
was just a meeting to inform employees of Wynn Park about the benefits of a union. He  
testified that this was followed by another meeting on March 21, 2021, also at the Best  
Western.  
[127] Mr. Rao testified that at the March 21, 2021, meeting approximately 26 people attended.  
He noted that Madison Murphy, Ms. McKay and Jennifer MacEachern were in attendance.  
Mr. Rao testified that some people appeared to be on edge as they felt that those  
individuals were attending as Wynn Park’s representatives. Madison Murphy indicated  
that she wished to ask some questions and Mr. Rao said he told her respectfully that he  
would answer questions at the conclusion of the meeting. After the meeting, he was  
questioned in the hall by Madison Murphy and Ms. McKay regarding losing pension  
benefits in the event of unionization. Mr. Rao testified that he told them that CUPE does  
not go backwards and would fight to keep their benefits. On March 22, 2021, he had an  
hour long question and answer session on Facebook and responded to similar questions  
to the ones posed by Madison Murphy the night before.  
[128] Mr. Rao testified that he was approached by Ms. Burris and she indicated that she wanted  
to become involved with the CUPE campaign. He got in touch with her to see if she wanted  
to help out and distribute information. Mr. Rao testified that Ms. Burris told him that Mr.  
Thody was going to have her probation extended for several months and she was  
concerned about filing a complaint.  
[129] Mr. Rao referred to Exhibit R-1, Tab 2, which is a transcript of a conversation between Ms.  
Burris and Ms. Blois, which took place on April 28, 2021. Mr. Rao referred to the first page  
of the transcript and said that he did not file the affidavit on Ms. Burris’ behalf but on  
behalf of the union. Mr. Rao also said that he did not use nasty words about Ms. Thody.  
Mr. Rao testified that he believed that, due to Ms. Burris requiring a good reference for a  
position she was applying for at the time, she changed her position with respect to  
supporting the union.  
[130] Mr. Rao testified that the Wynn Park campaign had only been his second union campaign  
in Nova Scotia. He did acknowledge that employees are not able to organize during  
working hours and he acknowledged that he never visited at Wynn Park. On March 5,  
2021, Mr. Rao organized a car rally beside Wynn Park. He acknowledged there were CUPE  
vans present and there were cars and union signs and other unions were represented.  
[131] Mr. Rao then testified about the Rank and File article, dated March 2, 2021. Mr. Rao said  
that he referred Mr. Crawford to journalist, Lisa Cameron, who wrote the article on Mr.  
Crawford’s dismissal from Wynn Park. Mr. Rao testified that he made no inquiries of  
Wynn Park about the background or the reason for the termination of Mr. Crawford. Mr.  
Rao said that he accepted Mr. Crawford’s explanation, including Mr. Crawford’s  
information about workers who had indicated that there had been previous attempts to  
unionize and there was anti-union sentiment expressed by Wynn Park. Mr. Rao testified  
that he filed five unfair labour practices with the Labour Board and was the union  
organizer at Wynn Park.  
[132] Mr. Rao testified about Ms. Burris and confirmed that he was aware that she did not want  
him to file an affidavit on her behalf. He referred to the transcript of her call with Ms.  
Blois and acknowledged that he was aware that she told him that information about her  
in the affidavit was not correct or true. Mr. Rao testified that he decided to file the  
affidavit anyway, knowing Ms. Burris’ position and the issue of the accuracy of the  
statements, and did not advise the Labour Board about the accuracy of the statements.  
He testified that he was filing the declaration on behalf of the Union and not Ms. Burris.  
Mr. Rao noted that he did not say the declaration was based on information and belief  
from certain people. He further testified that his declaration dealing with the unfair  
labour practices was based on information he collected and he swore the statutory  
declaration as coordinator of the union drive at Wynn Park.  
[133] He testified that, in respect to Ms. Burris and a meeting she had with Mr. Thody referred  
to in ULP 3, Mr. Rao says that he had a lengthy meeting with her on April 24, 2021, for  
approximately 90 minutes. Mr. Rao testified that he sent Ms. Burris a draft Statutory  
Declaration on April 26, 2021, for her review. He did not hear back from her so he decided  
to put in the complaint, under his own name. He noted that as he did not hear back from  
Ms. Burris, he deleted some of her comments from the final version of the affidavit. In  
response to a question about why he filed the affidavit, knowing that Ms. Burris was very  
upset about the contents of it, Mr. Rao said that he assumed that she was scared to file a  
complaint, so he decided to file it anyway. Mr. Rao testified that he believed that she was  
afraid, as she needed a reference from Mr. Thody for a job she had applied for and  
thought that was the reason she did not agree to the affidavit. Mr. Rao conceded that he  
did not inform the Labour Board of her retraction.  
[134] Mr. Rao testified that he held the view that Wynn Park was an anti-union workplace. He  
conceded that it was unusual for the union to have a car rally with a lot of media in  
attendance for a union drive certification. He said that he supported the Rank and File  
article, even though there may have been some inaccuracies. With respect to the  
meetings he held on March 14, 2021, and March 25, 2021, were open to the public,  
including anybody that may be related to management at Wynn Park.  
[135] Mr. Rao testified that at the March 26, 2021, meeting people signed union cards. He  
denied being disrespectful to Madison Murphy or Ms. McKay. He acknowledged that  
parent/child relationships or family status should not matter and acknowledged that  
Wynn Park has numerous family relationships.  
Testimony of Sheila Dale  
[136] Ms. Dale testified that she is an Administrative Assistant of Wynn Park and has been there  
approximately 13 years. Her desk is at the main entrance way into the building. Her duties  
generally are answering the phone, ordering supplies, inventory and taking minutes of  
meetings for the various departments such as nursing, dietary, housekeeping etc. Ms.  
Dale testified that she does not take minutes of all meetings or attend all meetings.  
[137] Ms. Dale testified that the atmosphere leading up to the certification vote was tense. She  
said that she got a call at her desk that Ms. Peck was on the unit without her mask so Ms.  
Dale went to the East Unit with a mask for Ms. Peck. Ms. Dale located Ms. Peck sitting on  
the couch with Ms. Nielsen. When she went up to give Ms. Peck her mask Ms. Dale noticed  
that Ms. Nielsen, who was seated on Ms. Peck’s left side, appeared to be nervous.  
[138] Ms. Dale testified that Mr. Thody had access to the video cameras posted around the  
building. She testified that she saw Ms. Vaughan from the day room after a meeting with  
Ms. Peck, looking very upset and anxious. Ms. Dale heard that Ms. Peck had talked to Ms.  
Vaughan about the union and that Ms. Vaughan had to be loyal to Ms. Peck and also about  
Ms. Vaughan whispering on the floor.  
[139] Ms. Dale testified that she reports to Ms. McEwen, Director of Care. She testified that she  
recalls an incident five or six years ago, where there was a lengthy article about Ms. Peck’s  
son that Ms. Vaughan showed others and it was an un-favourable article about him. Ms.  
Vaughan was upset about having shown it.  
Testimony of Jennifer Beaver  
[140] Ms. Beaver testified on her affidavit, Exhibit U-2, Tab 13, that she has worked as a CCA at  
Wynn Park since it opened in May 2008. She initially worked in the West unit and moved  
to the East Unit a few years ago. She testified on her first day of work in 2008, at an  
orientation meeting, Ms. Peck told staff that they are a family run business and they do  
not have a union and do not want one. She further testified that over her years at Wynn  
Park she has been questioned 3 times about involvement in organizing a union.  
[141] Ms. Beaver testified that it is common knowledge that there are familial relationships  
between members of management and some staff. She noted that Ms. Peck is the mother  
of Ms. Thody; one of Ms. Peck’s son is engaged to Meagan Murphy, who is the daughter  
of Ms. McEwen; Ms. Thody is married to Mr. Thody; and Ms. McEwen is the mother of  
Meagan Murphy and Madison Murphy.  
[142] Ms. Beaver testified that on February 17, 2021, Meagan Murphy prepared a letter about  
the East Unit’s staff concerns about the residents accessing the nurses’ station. Meagan  
Murphy asked the CCA’s and the LPN’s to sign the letter. Ms. Beaver confirmed that she  
signed the letter, along with others, and believes that it was submitted to Ms. Peck and  
Ms. McEwen.  
[143] Ms. Beaver testified that in the morning of February 24, 2021, Mr. Crawford advised her  
that he had reached out to some unions as he believed Wynn Park should have a union.  
Later that morning, Ms. Peck and Ms. Blois came to the nurses’ station and Ms. Peck  
questioned Mr. Crawford about the issues in the staff letter. She testified that she  
suggested, to Ms. Blois, the need for barriers at the nurses’ station, in order to keep the  
residents out. Ms. Beaver said that Ms. Peck was not receptive to any suggestions from  
Ms. Beaver or Mr. Crawford. Ms. Beaver testified that later on Ms. McEwen asked her to  
discuss the concerns with Ms. Peck to make her understand. Ms. Beaver said that she told  
Ms. McEwen that there was nothing she could do as Ms. Peck would not acknowledge  
her. Ms. Beaver testified that around lunchtime that same day, Mr. Crawford told her and  
Ms. Nielsen, that CUPE had responded to him, and he wanted to know if Ms. Beaver and  
Ms. Nielsen would attend a meeting and be involved in a union drive. Ms. Beaver said  
both she and Ms. Nielsen agreed to attend a meeting.  
[144] Ms. Beaver testified that on Thursday, February 25, 2021, Mr. Crawford told her that he  
had spoken to Denise MacKenzie that morning about the fact that he had raised the need  
for a union with Ms. Peck. Ms. Beaver said that Mr. Crawford told her that he said to Ms.  
Peck “if we had a union, we wouldn’t have this problem”.  
[145] Ms. Beaver said that around 10 a.m. that same day she noticed Ms. Nielsen being very  
upset and was told by Ms. Nielsen that Ms. Peck had asked Ms. Nielsen if she was happy  
to be back at work. Ms. Beaver said that Ms. Nielsen told her that when she responded  
yes to Ms. Peck, that Ms. Peck responded “really?” Ms. Beaver recounted what Ms.  
Nielsen told her Ms. Peck had said, including questioning Ms. Nielsen about a union and  
suggesting that Ms. Waldron might be aware of a union. Ms. Nielsen also told Ms. Beaver  
that Ms. Peck finished the discussion by saying “this conversation never happened.” Ms.  
Beaver testified that Ms. Nielsen said she felt like an abused child and that she felt Ms.  
Peck had been testing her loyalty.  
[146] Ms. Beaver testified that on Friday, February 26, around 3:00 p.m. in the afternoon, Mr.  
Crawford texted her to say that he had received a phone call from Ms. McEwen telling  
him that he had been fired. She testified she was wondering where the rest of them stood  
and she thought he was fired because he had used the “U” word. Ms. Beaver said that  
she did not use the full word at work as they knew by saying the word unionthey could  
get called into management’s office.  
[147] Ms. Beaver further testified that on March 1, 2021, Ms. McEwen came to the East Unit  
and asked her, along with Ms. Nielsen and Ms. Waldron, to come with her to the meeting  
room. Once they entered, she said that Ms. McEwen closed the door and indicated to  
them she wanted to let them know that Mr. Crawford had been fired. Ms. Beaver said  
she already knew this because Mr. Crawford had texted her on February 26, 2021. Ms.  
Beaver testified that Ms. McEwen indicated she could not give the reasons but there were  
concerns that were brought to management’s attention.  
[148] Ms. Beaver testified that Ms. McEwen looked over her shoulder and Ms. Beaver then  
asked Ms. McEwen if she thought someone was listening to her and Ms. McEwen replied  
“yes, sometimes I wonder if this room is bugged”.  
[149] Ms. Beaver further testified that Ms. McEwen told them that if it had been up to her, she  
would not have fired Mr. Crawford. Ms. Beaver said Ms. McEwen said, “they wrote up the  
letter and made me sign it”. Ms. Beaver testified that the feedback from the employees  
was shock over the firing and they were fearful to talk about the union and some  
expressed concerns about getting involved with the union.  
[150] Ms. Beaver testified that in the period between March 1 and March 15, 2021, she thought  
she had a good rapport with Ms. MacKay and she did not think Ms. MacKay was anti-  
union. However, later during the month, she found interactions with Ms. MacKay to be  
out of the ordinary and around March 15, 2021, Ms. McKay stopped talking to her  
altogether.  
[151] Ms. Beaver testified that on Sunday, March 21, 2021, the day of the union meeting, Ms.  
McEwen came down the hallway in the late morning and asked to speak to her. Ms.  
Beaver said that Ms. McEwen took her into her office, closed the door, and accused her  
of harassing co-workers in regard to texting information about the union, including  
harassing them on their way to work. Ms. Beaver said that Ms. McEwen told her to stop  
contacting people about the union and told Ms. Beaver that she was not allowed to talk  
about it at work. Ms. Beaver testified that Ms. McEwen further said supervisors had told  
Ms. McEwen that Ms. Beaver was going around on her breaks to talk to other staff about  
the union. Ms. Beaver denied harassing any staff and inquired of Ms. McEwen who those  
people were and Ms. McEwen would not share the information. Ms. Beaver said that Ms.  
McEwen told her that she was a good co-worker and team player, but it did not look like  
that currently.  
[152] Ms. Beaver testified that she left the meeting with Ms. McEwen very upset and in tears  
and was intimidated. She said she went to the union meeting at the Best Western and  
just prior to the meeting Madison Murphy, Jennifer McEachern, and Ms. MacKay came  
into the room. Ms. Beaver testified that she was shocked to see Madison Murphy there  
and the atmosphere in the room changed as many of the people in attendance knew that  
Madison Murphy and Ms. MacKay were opposed to the union drive as they had been  
vocal in questioning the need for a union. Ms. Beaver said that Ms. MacKay and Julie  
Groulx had been seen in Ms. Peck’s office a lot since March 1, 2021. Ms. Beaver testified  
that many of the people who attended the union meeting felt that Madison Murphy  
would report back to management about who was at the meeting and they were reluctant  
to say anything at the meeting. Ms. Beaver said at the meeting on March 21, 2021, CUPE  
staff Mr. Rao announced that the union had submitted the certification application on  
March 19, 2021.  
[153] Ms. Beaver testified that she heard from co-workers and later from Mr. Moore that Ms.  
Rafuse’s filing cabinet had been broken into and her papers removed on March 22, 2021.  
Ms. Beaver said she believed that Wynn Park, by opening Ms. Rafuse’s filing cabinet, was  
sending a message to other staff about how they could be treated unfairly and have their  
papers gone through and relocated if they supported the union.  
[154] Ms. Beaver also testified that on the day of the vote, she heard that Ms. Dale had been  
told by Ms. Peck and Ms. McEwen that she was not allowed to vote and Ms. Dale left  
work early, upset. Ms. Beaver testified that she became aware of a personal Facebook  
post by Ms. Peck which was posted on March 31, 2021, which she found out about on  
April 1, 2021, which has the wording, “unfortunately, karma is going to hit some of ya’ll  
for breaking people who have nothing but good intentions for you”. Ms. Beaver referred  
to Exhibit B of her affidavit with that posting. She said she was frightened as she knew  
how Ms. Peck treated those that supported the union and she was afraid she would be  
targeted.  
[155] Ms. Beaver further testified that on April 7, 2021, Ms. McEwan and Denise MacKenzie  
went into the East Unit meeting room after 3:00 p.m. when she, Ms. Nielsen, and Ms.  
Waldron were having their break and Ms. MacKenzie had a list of things she wanted to  
discuss. In particular, that their breaks were too long; they were not starting the day early  
enough; and Ms. McEwen was concerned about the atmosphere in the East Unit and for  
the residents as she indicated no one wanted to come to work on that unit. Ms. Beaver  
testified that Ms. McEwen said they were reluctant to put students on the unit because  
of the negativity.  
[156] Ms. Beaver testified that Ms. Nielsen said at the meeting that she wanted to apologize to  
anyone she had offended and Ms. McEwen replied “if it was you [Elaine], I would have  
pulled you into my office and spoke to you about it”. Ms. Beaver said when Ms. McEwen  
said those words she was looking directly at Ms. Beaver.  
[157] Ms. Beaver testified that Ms. McEwen turned directly to her and pointed and said, “You  
have been the one most passionate about this and so angry. We are not used to you acting  
like this”. She testified that Ms. McEwen indicated that her daughters, Megan and  
Madison Murphy, had been afraid to come to work.  
[158] Ms. Beaver testified that Ms. McEwen asked them why, if they had issues, they did not  
come to management and questioned why they wanted a union and asked them if they  
were unhappy. She said Ms. McEwen asked why they were not happy. Ms. Beaver  
testified that both she and Ms. Nielsen indicated that it was because Mr. Crawford had  
been let go and they were worried that people may be fired without a reason being given.  
[159] Ms. Beaver testified that she did not think the atmosphere had changed amongst the  
workers on the unit and they were not acting rudely to anyone. She testified she believed  
that she, Ms. Waldron and Ms. Nielsen were targeted and treated differently and unfairly  
due to their support of being unionized and the fact that they provided information to  
CUPE that was used in its complaints against Wynn Park.  
Testimony of Dianne Vaughan  
[160] Ms. Vaughan testified she is a registered nurse and has worked at Wynn Park for  
approximately 11 years. She testified that when she started work at Wynn Park in 2010  
she had no idea about Wynn Park’s views on unions. She testified Ms. Beaver had told her  
that unions were discouraged by management.  
[161] Ms. Vaughan testified she became aware that Mr. Crawford was looking into the  
possibility of unionizing and he had spoken to her about her support before he was  
terminated. She testified she did not work with Mr. Crawford as he was on another floor  
and she had no issues with him. She said she found out he was terminated when he texted  
her, but he did not say why he was terminated. She testified she was never told by  
management the reason for terminating Mr. Crawford.  
[162] Ms. Vaughan testified that at a supervisor’s meeting on March 16, 2021, Ms. McEwen said  
she heard some supervisors were whispering in the hallways and some people were upset  
about being called by the union and felt bullied. Ms. Vaughan testified that she, Ms.  
Vaughan, raised concerns at that meeting that staff were intimidated and upset that Ms.  
Peck was coming onto the units and talking to staff privately. Ms. Vaughan testified that  
at the supervisors meeting on March 16, 2021, Ms. McEwen said RNs could not vote as  
they were supervisors and were part of management.  
[163] Ms. Vaughan said that in the afternoon of March 16, 2021, Ms. Peck came to her when  
she was working in the adult day room and told her to sit next to her on the sofa. Ms.  
Peck then informed Ms. Vaughan that people had seen her whispering in the hall and Ms.  
Peck felt she was supporting the union. She also testified Ms. Peck inquired of her why  
she wanted a union. Ms. Vaughan testified that she felt terrible following her meeting  
with Ms. Peck and felt she was being told how to vote and that she could not be neutral  
and was expected to support management.  
[164] Ms. Vaughan testified that she told Ms. Peck that she remained neutral and Ms. Peck  
replied if people were not happy and they want a union, then they could leave. Ms.  
Vaughan testified that Ms. Peck questioned her about her loyalty and Ms. Peck said when  
loyalty is gone, the trust is gone. Ms. Vaughan testified that Ms. Peck repeated several  
times to her that she must support management and she cannot sit on the fence and if  
asked by staff, question them on what a union can do for them that they do not have  
now.  
[165] Ms. Vaughan testified that she believed Ms. Peck felt all RNs were against the union and  
Ms. Peck never mentioned anything about her performance and did not make a  
suggestion as to why Ms. Peck has heard from staff that she was hiding out in the adult  
room and needed to get out more on the floor.  
[166] Ms. Vaughan testified she was shocked when Ms. Peck, prior to leaving the room told her,  
“and this conversation never happened, right”. She testified she told Ms. Rafuse about  
the conversation with Ms. Peck as she was so distraught.  
[167] Ms. Vaughan testified that she was an infection, prevention and control nurse at Wynn  
Park and reported to Ms. McEwen and this position came about in the Fall of 2020 and  
was a government funded position resulting from the COVID-19 pandemic. She  
acknowledged part of her duties were to update infection control binders in accordance  
with the new information about COVID-19, educate staff and keep staff updated on any  
government changes, and as such, she had a temporary work space set up in the adult  
day room. She acknowledged she used the adult day room for that work and in providing  
support and education to staff.  
[168] Ms. Vaughan testified that Ms. McEwen said to her that some staff had not seen her on  
the units much and that she was spending a lot of time in the adult day room. She  
testified, however, on March 16, 2021, when Ms. Peck spoke to her in the adult day room,  
she never mentioned anything about Ms. Vaughan spending too much time in that room  
and not enough on the floor units.  
[169] Ms. Vaughan further testified she knew there was a lot of tension on the floors, but denies  
Ms. Peck talked to her about hiding out in the basement because she did not want to be  
asked about the union.  
[170] Ms. Vaughan testified she retired from her position at Wynn Park by way of resignation  
on May 23, 2021.  
[171] Ms. Vaughan testified on recall by counsel for Wynn Park, after being shown a CCTV  
footage, Exhibit R-6, from March 17, 2021. It was stated that Mr. Thody had obtained, at  
the instruction of Ms. Peck, the video in question, which appeared to show Ms. Vaughan  
removing the contents of her purse and taking a box of band aids and placing them in a  
plastic bag and putting them in her purse and then replacing the contents she had taken  
out of the purse on top of the band aids in her purse. Ms. Vaughan testified that she had  
placed the band aids in a plastic bag so that she would notice them and taken the band  
aids up to the north unit Med Cart. She said her wallet was placed on the top along with  
the plastic bag and she said she never stole anything from her employer and she was very  
disturbed that an accusation could be made and a blemish put on her work record by her  
employer. She testified the incident recorded on camera was in full view of video  
surveillance which she knew was present and there would be no reason for her to steal  
band aids. She said that did not happen.  
[172] Ms. Vaughan testified it would not be unusual to take some supplies from time to time to  
a unit to replenish the Med Cart notwithstanding it was not her responsibility. She said  
she would never steal anything and denied doing so and she felt blindsided by the actions  
of Wynn Park in raising that matter.  
[173] Ms. Vaughan also testified she apologized to Ms. Peck about an article that was in a  
publication which had negative comments about Ms. Peck’s son that she had brought to  
work and shown to other staff. She testified that the incident took place a few years ago  
and she thought that matter had been dealt with between her and Ms. Peck.  
[174] There was an objection raised by counsel for the Union that Ms. Vaughan should not have  
been recalled as there was no new information. Counsel for Wynn Park indicated he just  
found about this information over a lunch break and wanted the video presented, but this  
could have been presented during direct examination as this was information Wynn Park  
had in its possession for some time as the video was from March 17, 2021, and could have  
been shown to Ms. Vaughan earlier. Mr. Proctor argued credibility is an issue and  
especially that of Ms. Vaughan and it goes to weight and he did not learn of the video  
until Ms. Vaughan testified.  
[175] The Board ruled that the evidence of Ms. Vaughan on recall goes to credibility and the  
Board will determine what weight will be given to the evidence provided on recall.  
Testimony of Morgan Macumber  
[176] Ms. Macumber testified she started working at Wynn Park in 2015 and was hired as a  
dietary aid and became a CCA in 2016. She testified that in March of 2021, while at the  
nurses’ station, she was approached by Ms. Peck who wanted to know what her vote was.  
Ms. Macumber testified that Ms. Peck told her to be there for the vote, which Ms.  
Macumber understood as Ms. Peck believed she would be against the union. Ms.  
Macumber testified that when she did not immediately reply, Ms. Peck said “well I do,  
don’t I?” Ms. Macumber testified that she was confused and uncomfortable and did not  
feel she had to discuss her vote as it was supposed to be confidential. Ms. Macumber said  
she told Ms. Cameron, who was also at the nurses’ station, about the conversation with  
Ms. Peck and said she was very upset.  
[177] Ms. Macumber testified on cross examination that she has a nursing degree from St. FX  
and she got her RN shortly after that. She said she heard of the CUPE organizing campaign  
from Facebook and Ms. Beaver had asked her if she wanted a union card with CUPE. Ms.  
Macumber testified that she did not follow the Wynn Park Facebook page, nor did she  
follow the CUPE Facebook page.  
[178] Ms. Macumber testified that prior to Ms. Peck coming to the nurses’ station, she never  
discussed with Ms. Peck any union matter and never told her how she was going to vote.  
Ms. Macumber testified her mother used to work at Wynn Park and she did overlap with  
her mother when she was in housekeeping.  
Wynn Park Witnesses  
[179] Wynn Park called a total of 9 witnesses.  
Testimony of Julie White  
[180] Ms. White testified she works at Wynn Park and would have been there 3 years in August,  
2021. She works in Housekeeping, where she cleans the North Unit primarily. It involves  
sanitizing, cleaning Residents rooms and offices. Ms. White testified that she created a  
Facebook page for Wynn Park. It was her idea alone to create it for the purpose of inviting  
others to express comments, especially during Covid-19 which was a rough year. She  
wanted to spread positivity amongst the staff.  
[181] Ms. White testified that management did not threaten her about how she was to vote in  
the upcoming union vote. Mr. Thody, Director of Support Services, was her supervisor  
and asked her to give evidence in this hearing. Ms. White testified that she did not see  
any affidavits or documents before coming to testify. Mr. Thody did not tell her what  
other people were saying.  
[182] Ms. White testified that the first time she heard any talk about the union was around  
February 24, 2021, in the East Unit nurses’ station. Mr. Crawford had a conversation with  
her, but she did not tell anyone about the conversation. The next day when she spoke  
with Ms. McKay, Ms. McKay told her that Mr. Crawford wanted a union at Wynn Park.  
Ms. White believed it was a couple of days after that that she spoke to Ms. Beaver and  
Ms. Nielsen about her conversation with Mr. Crawford. Ms. White testified that she did  
not get the notice/invitation for the March 21, 2021, union meeting.  
[183] Ms. White testified that she believed that Ms. McKay did not want the union at Wynn  
Park and neither did Ms. White. She also believed that management did not want a union  
at Wynn Park. Ms. White referred to Exhibit U-14, noting that it did not say to Facebook  
users to vote no. She was of the belief that Wynn Park was not allowed to tell employees  
how to vote. Ms. White said management never spoke to her about the Facebook page.  
Many in management, including Ms. Peck and others, indicated they liked the comments.  
She says that on March 25, 2021, it was seen on Facebook in reference to support today,  
go to vote. She did not say go to vote no for a union at Wynn Park.  
Testimony of Lisa Smith  
[184] Ms. Smith testified she was appearing under subpoena. She is the CEO at Glen Haven  
Manor, New Glasgow and will have been there for 14 years this coming November (2021).  
She testified that a former employee, Mr. Crawford, was employed there beginning July  
20, 2018, first as a casual employee and becoming a permanent employee on June 20,  
2019. Ms. Smith testified that on March 31, 2019, there was an incident whereby they  
had to send Mr. Crawford home as he had taken 5 needles and five syringes from the  
supply room. Mr. Crawford admitted to doing so and said he was taking it for his girlfriend.  
Ms. Smith testified that Mr. Crawford falsified an incident report wherein a vial had  
broken. There was an investigation undertaken between April and May, 2019 and there  
was a finding of breach of trust. On May 22, 2019, he was terminated from Glen Haven  
Manor for cause, with the caveat that they would accept his resignation. Ms. Smith  
testified that as of April 1, 2019, Mr. Crawford would have been aware that he was in  
trouble, specifically that he had breached the trust and confidence of management.  
[185] Ms. Smith further testified that only managers can supply job references. The references  
that Mr. Crawford used at Wynn Park, namely, Aran Gallur and Kim Rafuse, were not  
authorized by Glen Haven Manor and they had no authority to give a reference.  
[186] Ms. Smith referred to a settlement agreement, Exhibit R-3, dated June 28, 2019, signed  
by Mr. Crawford. She testified that the union at Glen Haven Manor knew that Mr.  
Crawford was being terminated. Ms. Smith further testified that Mr. Crawford would not  
have received a reference from Glen Haven Manor as management had determined that  
there was a breach of trust and confidence in him as an employee that they could not  
support.  
Testimony of Rebecca McKay  
[187] Ms. McKay testified that she has been at Wynn Park since 2019, as a recreational  
coordinator and part of her duties are to plan programs for residents for their well-being,  
including exercise, trivia, outings etc. She testified she works in all the units and said that  
in the February to March 2021 time period Mr. Crawford, was an LPN but also supervised  
recreation.  
[188] Ms. McKay testified about allegations of back rubbing and other matters pertaining to  
Mr. Crawford. She referred to Exhibit R-1, Tab 21, which are notes she took at the nurses’  
station about instances where Mr. Crawford asked residents to rub his back, made  
comments about other staff etc. She acknowledged on cross-examination that she, on  
some occasions, had received back rubs from residents and she was not disciplined. Also,  
both she and Madison Murphy had used cell phones at work and were not disciplined.  
[189] Ms. McKay said she attended the Best Western meeting on March 21, 2021, believing  
from the Facebook notice that it was for Wynn Park employees to attend to learn about  
union benefits. Ms. McKay said that there were some employees of Wynn Park that were  
sworn in and signed union cards. Ms. McKay testified that Mr. Rao moderated the  
meeting of March 21, 2021, and she found him disrespectful when he refused to answer  
questions from Madison Murphy. Ms. McKay referred to an email that she sent to CUPE,  
dated March 30, 2021, Exhibit U-23, complaining about the disrespect showed by Mr. Rao  
at the union meeting she attended. Ms. McKay indicated on cross-examination that while  
she had referred to harassment by union supporters in her email March 25, 2021, to  
CUPE, she could not state who may have been harassed and confirmed that she was not  
harassed.  
Testimony of Zoe Lindsay  
[190] Ms. Lindsay testified that she has worked at Wynn Park as a cook since 2008. She was  
previously a cook at West Side Villa. She testified that she reports to Mr. Thody. Other  
than this current union activity in 2021 she does not recall any union campaign prior to  
this campaign.  
[191] Ms. Lindsay testified that she does not recall management ever talking about being a non-  
union facility or seeing any signs to that effect. At one point Ms. Peck was in the kitchen  
and a question was raised about whether, if the union got in, it would affect their  
pensions. Ms. Peck said she would check into it and get back and later confirmed that  
their pensions would be safe.  
[192] Ms. Lindsay was referred to notes of a meeting from March 19, 2021, Exhibit U-24, which  
meeting was held by Mr. Thody to talk about dietary and housekeeping issues. Again, the  
issue of pensions came up and Mr. Thody said that he would ask Ms. Peck if pensions  
would be protected. Ms. Lindsay testified that Mr. Thody did not tell anybody how to or  
what way to vote and he said that it was their own personal decision  
[193] In reference to Exhibit U-14, the Facebook page for Wynn Park, Ms. Lindsay testified that  
Ms. White invited her to the group. Ms. Lindsay testified that there was a lot of anxiety  
about the union vote coming up. Ms. Lindsay interpreted the Facebook page, where it  
says ‘don’t forget to vote’ as Ms. White trying to get people to make sure they voted, not  
to tell them how to vote. Ms. Lindsay said she was never harassed by the union.  
Testimony of Marc Thody  
[194] Mr. Thody testified that he is the Director of Support Services and has worked at Wynn  
Park since November 2008. During his employment at Wynn Park he was not aware of  
any other union drives and there was no talk of management opposing a union. With  
respect to IT matters, he is responsible for the video cameras, which include ones on the  
main floor, hallway, foyer and back door. The cameras are for the safety of residents. Each  
nurses’ station has cameras. He testified that he was asked by Ms. Peck, as a result of a  
meeting with Ms. Peck and Mr. Crawford on February 24, 2021, to get a copy of the video  
of Mr. Crawford’s shifts on February 20, 2021, and February 21, 2021. He confirmed that  
there is no audio attached to the video. Mr. Thody was asked by Ms. Peck to review the  
videos to see whether or not he was concerned that Ms. Vaughan did not spend enough  
time on the floor in the adult room. Mr. Thody testified that he noted that Mr. Crawford  
was away from the nurses’ station without anybody being in attendance to watch over  
that area including the Med Room. In particular he noted that Mr. Crawford left for a  
period of time with a female co-worker and entered in a room, closing the door behind  
them. He testified that he supplied those video tapes to Ms. Peck. The video from  
February 25, 2021, were overwritten prior to his being asked for them.  
[195] With respect to Ms. Burris who worked in housekeeping, Mr. Thody testified that as of  
July 2020, she was a casual employee. In February 2021, Ms. Burris became a full time  
employee, required to complete 70 hours bi-weekly. Mr. Thody said all employees are on  
a probation period when they start. In April 2021, Ms. Burris was increased to 80 hours  
bi-weekly. In a meeting with Ms. Burris on April 21, 2021, they discussed a letter he had  
sent her regarding a requirement for 80 hours bi-weekly. Mr. Thody testified that the  
policy was that attendance had to be a minimum of 96.1% and Ms. Burris was averaging  
87%. In support of his testimony Mr. Thody referred to Exhibit R-8 which are the time  
sheets of Ms. Burris.  
[196] Mr. Thody referred to Exhibit R-1, Tab 26 which is a copy of the notes he took when he  
met with Ms. Burris to advise her that she had to increase her hours. He also noted that  
while her probation was not being extended, it could be extended if her hours were not  
increased. Mr. Thody said that at the meeting when he provided the memo to her that  
the discussion with her was not a punitive discussion - it was just to try to get her up to  
96.1%.  
[197] Mr. Thody testified that he had never heard that Ms. Burris ever reported her locker being  
broken into. In regard to Ms. Burris’ absences, he testified that he understood her  
absences were due to illnesses or the fact that she could not get to work due to road  
conditions. Mr. Thody testified that he was aware that she had applied for a school board  
job and asked him for reference, which he gave her. He noted that he believed that she  
resigned to take a job at the school board and does not recall if she worked after she gave  
her notice. Mr. Thody did not recall ever giving a letter of reference since Ms. Burris left  
her employment.  
[198] He had separate staff meetings on March 17, 2021, with housekeeping and dietary to go  
over team matters. At neither meeting did he tell staff how to vote on union certification  
[199] Mr. Thody testified that he never heard Ms. Peck ever say she did not want a union. Nor  
did he ever hear it at committee meetings. Mr. Thody testified that he first heard about  
a union drive on March 3, 2021, from Ms. Peck who told him about the possibility. He  
testified that the suggestion box was set up for suggestions - it was not a voting box for  
the union campaign.  
[200] Mr. Thody was referred to the Facebook page created by Ms. White, Exhibit U-14. He said  
that his wife uses Facebook but he does not.  
[201] In cross examination Mr. Thody was asked about Ms. Blois recording a telephone call with  
Ms. Burris. He said he does not know where or when that happened, and he never helped  
Ms. Blois set it up or record the call. Mr. Thody testified that, with respect to Ms.  
Vaughan’s video, he was asked on March 18, 2021, by Ms. Peck, to download it. He said  
Ms. Peck never said she was downloading Ms. Vaughan’s video to test her loyalty. Mr.  
Thody testified that he never looked at the Facebook photos of the Union meeting nor  
did Ms. Peck ever talk to him about people on the Facebook page. He testified that he  
could not recall when he knew about Mr. Crawford being terminated. He believed that  
either Ms. Peck and or Ms. McEwen advised him. At no time did Ms. McEwen tell Mr.  
Thody that she had no reason to fire Mr. Crawford. He was referred to Exhibit U-1, Tab 4,  
which is the letter of termination, and he confirmed that he had not seen it.  
Testimony of Teresa McEwen  
[202] Ms. McEwen testified that she has worked at Wynn Park for 7 years and she is currently  
the Director of Care and is also a registered nurse. Ms. McEwen testified that she reports  
to Ms. Peck, Wynn Park Administrator.  
[203] Ms. McEwen testified that she had never heard of any previous union drives nor any  
general discussion about unions. She said she had never seen anything posted regarding  
any negativity towards unions at Wynn Park and explained that when the candidates  
asked about a union during their initial hiring meeting she would indicate that Wynn Park  
is not unionized.  
[204] Ms. McEwen testified that she was involved with the hiring process of Mr. Crawford,  
including conducting the interview. She testified that the interview took place in her office  
in early May of 2019 and Ms. Blois was present for the entire interview. The notes from  
the interview said that Mr. Crawford apologized for being late for the appointment as he  
was stopped by the police for using a cell phone. Ms. McEwen testified that Mr. Crawford  
never mentioned during the interview process that he was suspended or under  
investigation at Glen Haven Manor, nor did he indicate he misappropriated needles or  
falsified a report. Ms. McEwen testified that if he had told her about those issues, she  
would not have hired him. Ms. McEwen said that she checked 2 references that were  
provided by Mr. Crawford, one from Kim Rafuse and the other from Aran Gallur. Ms.  
McEwen testified that she thought that Aran Gallur was Mr. Crawford’s supervisor at Glen  
Haven Manor. She further testified that she did not speak with senior management at  
Glen Haven Manor. Ms. McEwen testified that she would not always do that as she  
expects the applicants to be truthful with information they provide in their interview.  
[205] Ms. McEwen testified that she had a few issues with Mr. Crawford during his  
employment. She recalled an incident where he was upset that patient was in palliative  
care and he informed her that he did not believe that patient needed palliative care  
withstanding it was on a physician recommendation. Mr. Crawford told Ms. McEwen that  
the nurse did not make the right decision to put her in Palliative care. Mr. Crawford, upon  
learning that the patient had passed away, apologized to her for his remarks.  
[206] Ms. McEwen testified that she disciplined Mr. Crawford on one occasion, along with the  
CPA that he supervised, after it was reported that he spent time in a closed room with  
her, for approximately half an hour. She referred to Exhibit R-1, Tab 10, which is a written  
copy of a verbal warning. Ms. McEwen testified that she contacted Mr. Thody to check  
the cameras to verify if Mr. Crawford was in fact spending time at the nurses’ station,  
after seeing that he was in the room for 20 minutes, which is not normal. Ms. McEwen  
approached Mr. Crawford and he admitted to the incident with the CPA. Ms. McEwen  
advised him that the optics did not look good and that it was unacceptable. She gave both  
Mr. Crawford and the CPA a warning.  
[207] Ms. McEwen testified that it is a serious breach of policy to leave the Med Room door  
open as well as leaving the Med Cart unattended as they both have items such as  
narcotics, alcohol, and other medications for residents. This is especially importation as  
some of the residents have a tendency to wander into the nurses’ station. Ms. McEwen  
testified that Ms. Peck and Ms. Blois met with Mr. Crawford to deal with concerns  
surrounding the patients entering the nurses’ station and Mr. Crawford wanted to have  
Plexiglass installed for better security to keep the residents out of the nurses’ station. At  
that time there was just a retractable band that went across the opening, easily removed  
by residents and often times the retractable band was left open.  
[208] Ms. McEwen testified that when watching the videos of Mr. Crawford, she witnessed him  
sitting at his desk and not helping the nursing staff.  
[209] Ms. McEwen testified that she was asked by Ms. Peck to terminate Mr. Crawford. She  
referred to Exhibit R-1 Tab 8, the termination letter from February 26, 2021, that she  
signed. She said that prior to signing it, she had a discussion with Ms. Peck and Ms. Blois  
as to the wording. Ms. Peck wanted something included in the letter about Mr. Crawford  
showing a lack of trust and being unworthy. Ms. Blois wanted something more short and  
simple. Ms. McEwen testified that she called Mr. Crawford on Friday as the letter would  
not get to him until Monday. She told him over the phone that he was terminated, and  
he had asked for reasons and she said for privacy she could not give them at that time.  
[210] Ms. McEwen testified that she had a staff meeting on March 1, 2021, informing Ms.  
Waldron, Ms. Nielsen and Ms. Beaver to inform them that Mr. Crawford was no longer  
employed at Wynn Park. She denied saying to the staff that she was concerned about the  
room being bugged, or that she never agreed to terminate Mr. Crawford. Ms. McEwen  
also said that there was no discussion about a union at that meeting at all.  
[211] On March 4, 2021, Ms. McEwen was delivering a letter to staff, Exhibit U-1, Tab 7, in  
person, including posting it on a bulletin board. At one point Ms. MacKenzie asked Ms.  
McEwen if all staff could join the union and Ms. McEwen indicated that she did not know  
the answers and she would try to obtain that for them. She testified that during that  
interaction she did not tell the staff how to vote and would never do that. She remained  
neutral. Ms. McEwen denied that, on March 5, 2021, she told Ms. Rafuse that she could  
not be in the union. Ms. McEwen testified that she did not say to anyone, including  
supervisors, that they were ineligible to join the union.  
[212] Ms. McEwen testified that, on March 16, 2021, she was at a meeting, the notes of which  
are at Exhibit R-1, Tab 18, with Ms. Vaughan, Janet Stone, Ms. Rafuse and Ms. Mackenzie.  
Ms. McEwen said that the meeting was with rotational staff and there was some  
questions raised concerning whispering in the hallways by supervisors. It was noted that  
the morale was low at the time and staff seemed nervous when Ms. Peck was around,  
but she was the administrator. There was no discussion from management about  
supporting the union. Ms. McEwen met later with Ms. Rafuse in her office, as Ms. McEwen  
was concerned that there was campaigning being done on work time and Ms. Rafuse  
indicated that the union official told her that she was allowed to on her breaks.  
[213] Ms. McEwen testified that, with respect to Ms. Rafuse missing things out of a filing  
cabinet, there were no assigned filing cabinets to any LPN’s or RN’s. She said that there  
was a Department of Health Audit and they had to check all filing cabinets and charts. Ms.  
McEwen said that all the documents and items from the filing cabinet that Ms. Rafuse  
used were moved but that she did not look at any documents or items unrelated to Wynn  
Park or its residents.  
[214] Ms. McEwen noted that Wynn Park management were always respectful to staff and no  
comment was made about them wanting to join the union or not. She said that no  
coercion was applied or threats made to prevent from them joining a union.  
[215] Ms. McEwen testified that she had a meeting with Ms. Beaver, Ms. Nielsen and Ms.  
Waldron on April 7, 2021, with Denise MacKenzie present, to discuss their arrival time at  
work and the length of their breaks. She said the meeting was a discussion and was not a  
reprimand. She denied intimidating them and says that there was no union issue  
discussed.  
[216] On cross examination Ms. McEwen said that she had not seen any CCA’s or LPN’s use a  
cell phone on the floor during work. She acknowledged that it may have occurred. With  
respect to Mr. Crawford she never disciplined him for any use of a cell phone while on  
duty. She testified that with respect to the February 19, 2021, letter to Ms. Peck from  
staff with their safety concerns, she found a copy of that letter in her mailbox.  
[217] With respect to paragraph 34 in Mr. Crawford’s affidavit, Exhibit U-8, Ms. McEwen said  
that she did not hear him say anything regarding a union.  
[218] Ms. McEwen also said she did not recall Ms. Peck saying to Ms. Vaughan or Ms. Rafuse  
that they had to support Wynn Park or support management. Ms. McEwen never pointed  
a finger at staff, or intimidated them in any way with respect to how to vote.  
[219] Ms. McEwen testified that she understood that Ms. Blois had reviewed the tapes of Mr.  
Crawford from February 20, 2021, and February 21, 2021, and told Ms. McEwen that the  
tape showed Mr. Crawford was careless in leaving the Med Cart, Med Room and nurses’  
station unattended. Ms. McEwen said those incidents, along with the incident involving  
the co-worker and Mr. Crawford going into a room together, made Ms. Blois determine  
that he was untrustworthy. Ms. Blois, Ms. Peck and Ms. McEwen then decided to  
terminate him.  
[220] Ms. McEwen conceded that Mr. Crawford and his co-worker were not suspended for the  
impropriety of spending time alone during the evening shift in the room. She denies  
saying in the March 1, 2021, meeting that the room might be bugged or that she did not  
agree with the termination of Mr. Crawford. Those statements were referred to in the  
affidavits Ms. Waldron, Ms. Beaver and Ms. MacKenzie and also in the affidavit of Ms.  
Nielsen.  
Testimony of Cassie Blois  
[221] Ms. Blois testified that she is the HR Manager for Wynn Park. She started as a Scheduling  
Ward Clerk in May 2009, a year after Wynn Park opened in June 2008. She testified that  
she has been Human Resource Manager since 2014, and works with all department  
managers. She reports to Ms. Peck, the Administrator.  
[222] Ms. Blois testified that it is policy that staff attendance be at least 96.1%. Management  
meet with staff on a quarterly basis to go over their attendance requirements.  
Management go over any concerns they have that the staff do not meet those standards  
to assist the staff.  
[223] Ms. Blois testified that she is involved in the recruitment of new hires, including job  
postings, email, coordinating interviews, taking notes and writes all employment related  
letters, such as disciplinary letters. Ms. Blois testified that she has never, since she has  
worked at Wynn Park, seen any negativity towards unions. She has never seen any  
signage at Wynn Park, complaints from employees, about unionization. She said when  
people are hired if they ask about unions she indicates to the hires that Wynn Park is non-  
unionized. However, she says she does not recall if it has ever been raised.  
[224] Ms. Blois testified that she first heard of the rally on or about March 3, 2021, from a copy  
of the Rank and File article. With respect to a meeting with Mr. Crawford on February 24,  
2021, about the safety issues that were raised by staff, Ms. Blois testified that staff  
wanted to try to keep residents out of the nurses’ station and were requesting Plexiglas  
or some other type of structure, to create a barrier for the 2 entrances. Ms. Blois said that  
Ms. Peck did not want Plexiglas as this was the resident’s home and it was too intrusive.  
The conversation with staff was not heated, but rather focused on problem solving and  
suggestions. There was no talk of union at all, just safety concerns. There also was some  
concern that they needed extra staff. Ms. Peck said the funding comes from the  
Department of Health and Wellness and it would be unlikely. The main concern was with  
extra staff for the night shift.  
[225] Ms. Blois testified that, in regard to the termination of Mr. Crawford, Ms. Peck asked her  
to write up the termination letter. Ms. Blois said she did discuss it also with Ms. McEwen  
who was in agreement. Ms. Peck found that after watching the videos of Mr. Crawford  
and the issue with Mr. Crawford’s female co-worker, and leaving the Med Cart  
unattended in the Med Room area, and that Med Room door open and unattended, that  
she found him to be untrustworthy. Ms. Blois testified that those were the main reasons  
for his termination. She said that the letter was not scheduled to be delivered by courier  
until Monday. As such, Ms. McEwen decided to call Mr. Crawford on Friday afternoon to  
let him know of the termination letter.  
[226] Ms. Blois testified that Mr. Crawford applied for a LPN position and he was interviewed  
on May 1, 2021 in Ms. McEwen’s office. Ms. McEwen conducted the interview while Ms.  
Blois was present. Ms. Blois estimated the interview took approximately 15 minutes.  
Wynn Park had his references and his resume. Mr. Crawford indicated that he was still  
working at Glenn Haven Manor. Ms. Blois testified that Mr. Crawford indicated that he  
wanted to pursue his RN designation. As well, Ms. Blois said that Mr. Crawford told them  
that his girlfriend was going to attend Community College in Truro. Ms. Blois testified that  
Mr. Crawford never disclosed that he was suspended and under investigation for  
misappropriating needles or failing to complete an incident report at his place of  
employment. She further testified that she did not leave the interview early. She was  
there for the entire interview process. Ms. Blois identified Exhibit R1 Tab 8, which is the  
termination letter to Mr. Crawford dated February 26, 2021, as the letter she prepared.  
[227] Ms. Blois testified that Ms. Burris, a former employee, resigned April 25, 2021. Ms. Blois  
referred to Ms. Burris’ resignation email, Exhibit R-11. Ms. Blois referred to Exhibit R-8  
being an attendance report for Ms. Burris between January 21, 2021, and March 31, 2021.  
Wynn Park has an attendance requirement of 96.1% and Ms. Burris was 87.7%. Ms. Blois  
forwarded that attendance record to Mr. Thody, Director of Support Services, who met  
with Ms. Burris to go over her attendance. Ms. Blois testified that Ms. Burris was not  
disciplined, but just made aware of her attendance requirements. Ms. Blois testified that  
she had a good working relationship with Ms. Burris. Ms. Burris had come to Ms. Blois  
confidentially on April 28, 2021, as her lock was missing on her locker in the locker room.  
Ms. Blois asked Ms. Burris to put the incident in writing, but Ms. Burris did not want to do  
that.  
[228] Ms. Blois testified that Ms. Burris texted her that she wanted to call Ms. Blois because she  
had heard there was an unfair labour practice filed and that Ms. Burris was named in the  
document. Ms. Blois testified that she recorded the phone call with Ms. Burris. Ms. Blois  
referred to Exhibit R-1 Tab 2, which is a transcript of the call. Ms. Blois testified that Ms.  
Burris was not aware of the recording of the call and referred to Exhibit R-1, Tab 1 as the  
audio of the call and Exhibit R-1, Tab 2 being the transcript of her call. Ms. Blois testified  
that she was very upset that her name was being used in an affidavit filed in an unfair  
labour practice complaint by Mr. Rao. Ms. Blois testified that Ms. Burris told her that she  
had contacted a friend at Patterson Law, who was prepared to file an affidavit to have it  
removed as most of the contents of the affidavit filed by Mr. Rao in reference to what Ms.  
Burris had said was not true. Ms. Blois testified that Wynn Park would offer to reimburse  
Ms. Burris for legal counsel to prepare an affidavit, if she wanted to pursue it.  
[229] Ms. Blois testified that during the pandemic it was a stressful time as they had to juggle  
things with staff, supplies and morale was down generally. She said Wynn Park had a pizza  
party in March following staff suggestions. Wynn Park put in a staff suggestion box for  
staff comments. Wynn Park felt that the pizza party could boost morale. Ms. Blois said it  
was decided and planned well before they knew that the Labour Board had picked a vote  
day.  
[230] Ms. Blois testified that five to six times a year she would socialize with Ms. Peck. They  
went away on a shopping trip three or four years ago and a trip to Myrtle Beach in 2017  
and Edmonton in 2018. Ms. Blois was part of the management group that went on these  
trips but they socialized with Ms. Peck’s brother and sister-in-law and nieces.  
[231] Ms. Blois testified there was no mention of unionization by management that she is aware  
of or by staff prior to the Rank and File article. She testified that Ms. Peck never asked her  
to pull Mr. Crawford’s personnel file after she saw the videos given to Ms. Peck by Mr.  
Thody. With respect to the recording of the telephone call with Ms. Burris, Ms. Blois said  
she did not inform Ms. Burris that she was going to be recorded. Ms. Blois said that she  
did not check with Ms. Peck to see if she could record it without Ms. Burris’ consent.  
[232] Ms. Blois testified that with regard to the pizza party she never consulted with Ms. Peck.  
She ordered the pizza, preplanned. She said that during COVID-19 they would order ice  
cream cake, KFC, and pizza two or three times with the night staff.  
[233] Ms. Blois testified that she was never asked by Ms. Peck to look at any personnel file on  
Ms. Vaughan or Ms. Dale or any other employees. She testified that she did not check any  
references from Glen Haven Manor for Mr. Crawford, nor with the HR people at Glen  
Haven Manor. She acknowledged on redirect that many people that worked at Wynn Park  
were related to others. Over the years staffing can be difficult and in a small town, it is  
not unusual in their type of business to have staff that are related to one another.  
[234] On cross-examination Ms. Blois was referred to video footage of the nurses’ station on  
the East Unit, Exhibit U-35, and she said that, although she was not in close proximity to  
the conversation between Ms. Peck and Mr. Crawford, she believed she was within a few  
feet and she could hear their conversation. She testified that at no time did she hear Mr.  
Crawford use the word ‘union’. Ms. Blois testified that, with regard to the February 17,  
2021, staff letter with staff concerns that was discussed at the February 24, 2021, with  
Ms. Peck and Mr. Crawford, she only saw the letter at that meeting, however Ms. Peck  
had previously told her about it.  
Testimony of Sheila Peck  
[235] Ms. Peck testified on behalf of the employer. She is the administrator and part owner of  
Wynn Park in Truro, which opened in 2008. Ms. Peck said that Wynn Park is not unionized  
but that she has been involved with the unionized business of Tower View and was  
involved in the certification process there. She said she has an open door policy with  
residents and staff at Wynn Park. There is an employee assistance program for staff. She  
testified that it was a scary and stressful time operating during the COVID-19 pandemic  
and staff found it very stressful. Ms. Peck testified that the management team at Wynn  
Park consists of Ms. Blois, Human Resources Director; Ms. McEwen, Director of Care; Mr.  
Thody, who supervises services such as housekeeping and dietary; Ms. Thody who works  
in the business office; and Ms. Dale who answers the phone, delivers diapers to the floors,  
takes some notes in some meetings and does blood runs to the hospitals.  
[236] Ms. Peck testified that the Department of Health inspects the facility for high standards.  
She said it is very exhaustive when the inspectors come. They usually come unannounced.  
She testified that Wynn Park is funded by the Department of Health. Staffing, food  
supplies, salaries/wages are set by the Department of Health.  
[237] Ms. Peck said that Wynn Park has been in business for 13 years and has a waiting list and  
a very good reputation. She testified that she is not aware of any prior union attempts at  
Wynn Park. She is aware of the unionization process as she was involved in the process  
at other places that she worked. Ms. Peck testified that she has never disciplined anybody  
for union talk and never put up any anti-union signs on her premises. She testified that  
there were names of former employees raised by the Union, of people who did not testify,  
that had either left Wynn Park or been terminated for reasons unrelated to any potential  
union activity.  
[238] Ms. Peck testified that she first learned of the CUPE campaign around March 3, 2021,  
after Wynn Park had terminated Mr. Crawford. Ms. Thody informed Ms. Peck that Mr.  
Crawford went to the media and told her about the Rank and File article, Exhibit R-1 Tab  
14, which included comments from Mr. Crawford. Ms. Peck said the article was incorrect  
and that Mr. Crawford was not terminated for any union activity. She did not know about  
any unionization attempts at that time. Ms. Peck testified that Mr. Crawford was  
terminated for being careless and untrustworthy in leaving the Med Room open and  
leaving the Med Cart unattended on numerous occasions. Ms. Peck testified that she has  
never intimidated any of her staff or workers and she was very upset over the article in  
the Rank and File. She said it affected her business and reputation.  
[239] Ms. Peck testified about the CUPE car rally, referred to in Exhibit R-1 Tab 15, in support  
of Mr. Crawford. She decided to have security present. She is aware that CUPE, NSNU,  
Unifor are three unions that showed up for the rally. There was some horn blowing. She  
said that she was inside her office at Wynn Park and did not know what was going on.  
[240] Ms. Peck testified that she was aware of the letter received under her door on February  
17, 2021, signed by staff with their safety concerns about placing Plexiglas on the East  
wing nurses’ station and questioned why they needed Plexiglas. Ms. Peck testified that  
she was concerned for the residents’ home life environment and she thought that  
Plexiglas would be too intrusive. She also did not think the fire Marshall would approve.  
Ms. Peck had a meeting with staff, with Ms. Blois present, along with herself and Mr.  
Crawford, to go over the letter. Ms. Blois was present in the area approximately 7-8 feet  
away. Ms. Peck said that she told Mr. Crawford that she was against Plexiglas because of  
the reasons mentioned. She said that Mr. Crawford was not receptive to her answers. She  
said no other units had concerns, however the meeting was amicable.  
[241] Ms. Peck testified that she asked Mr. Thody to obtain the video of Mr. Crawford’s shifts  
from February 20, 2021, and February 21, 2021, to see what the safety concerns were  
that had been raised in the staff letter from February 17, 2021, and the meeting with Mr.  
Crawford. Wynn Park’s analysis of those videos at located at Exhibit R-13.  
[242] Ms. Peck testified that she reviewed those videos and said that, in addition to Mr.  
Crawford, there was only one CPA on at that time. Ms. Peck said that Mr. Crawford would  
have only had an hour worth of paperwork to complete, so he should have been able to  
help out. She referred to video analysis Exhibit R-13 and as a result of looking at the videos  
she saw several safety issues that she was concerned with. These include things such as  
leaving the Med Cart unattended, which, if it is not in use, should be locked in the Med  
Room. The Med Cart has to be locked at all times. The cart being unattended was a major  
concern for her as there are medications on the cart that could be taken by residents. She  
said she noticed a CPA not getting any help from Mr. Crawford. There were incidental  
instances during the night, such as diapers that had to be delivered to rooms, where he  
did not appear to be helping out. In another instance, she noted that the Med Room door  
was wide open and Mr. Crawford had left the unit unattended. This all occurred at the  
nurses’ station on the East Unit. Ms. Peck testified that they were serious violations of his  
duties.  
[243] Ms. Peck testified about her review of the video located at Exhibit R-1, Tab 29, where she  
observed the Med Cart being left unattended, and the Med Room door open. The Med  
Cart was left unattended for 6 1/2 minutes. She said that, again, throughout the video it  
showed the Med Room door being left open. At one time Mr. Crawford left the unit and  
went into a meeting room. Sheila Crombie was the only CCA on duty that evening as they  
were short staffed. Ms. Peck said that the video showed that Mr. Crawford left Med door  
open and the cart unattended on number of occasions. Ms. Peck testified that there were  
several infractions of safety policies of Wynn Park and found those infractions disturbing.  
Ms. Peck said she called Ms. Blois to say that she had lost faith in Mr. Crawford and she  
had to terminate him as he was untrustworthy for leaving the Med door unlocked and  
Med Cart unattended on numerous occasions. As such, a termination letter to Mr.  
Crawford was issued, dated February 26, 2021, Exhibit R-1, Tab 8.  
[244] Ms. Peck testified that Mr. Crawford never, at any time, used the word unionor said  
that if a union was present that there would be better benefits and working conditions.  
She testified that before issuing the letter of termination she never heard Mr. Crawford  
using the word unionat all. Ms. Peck said that she had a discussion with Ms. Nielsen on  
March 5, 2021, as Ms. Nielsen had read the Rank and File article and heard about the  
termination of Mr. Crawford. Ms. Peck wanted to inform Ms. Nielsen that the article was  
not true and that Mr. Crawford had never mentioned the word union. Ms. Peck testified  
that Wynn Park is not an anti-union employer, and she never asked Ms. Nielsen for her  
views on union support.  
[245] As for Ms. Burns, Ms. Peck said that she never told Ms. Burns to vote one way or the  
other. With respect to the meeting with Ms. Vaughan’s on March 16, 2021, Ms. Peck said  
there was some talk that Ms. Vaughan was hiding in the adult room and that she was not  
seen very much on the floors and that was the reason Ms. Peck wanted to speak with her.  
Ms. Peck testified that she never asked Ms. Vaughan for her loyalty. When the application  
for certification was filed by the Union, it did not matter to Ms. Peck as she would just let  
the process work. She did not try to influence any of the staff on how to vote. Further,  
Ms. Peck testified that she had no involvement with Ms. White in creating the Facebook  
page for Wynn Park.  
[246] Ms. Peck testified that she was always available to answer any questions the staff may  
have about the vote process. There was no coercion or intimidation of the work process  
or how they would vote. The process is a secret ballot and no one would know how they  
voted. Ms. Peck said that she had good relations with staff. She encouraged all of them  
to exercise their right to vote. Ms. Peck testified about the letters to staff, located at  
Exhibit U-1 Tab 7, Tab 8, and Tab 11 and said that she never intimidated staff with respect  
to their right to vote.  
[247] On cross examination Ms. Peck said that the staff safety issues letter of February 17, 2021,  
Exhibit U-39, was slipped to her under her door and Ms. McEwen also got a copy of the  
letter.  
[248] Ms. Peck testified, with respect to Exhibit R-1 Tabs 1 and 2, Ms. Blois did not ask Ms. Peck  
for permission to record Ms. Burris’ telephone call. Ms. Peck testified that Ms. Blois was  
very annoyed that an unfair labour practice complaint that was filed included comments  
from Ms. Burris that were not true. Ms. Peck said that Ms. Blois told her that Ms. Burris  
wanted them pulled from the file. Ms. Peck offered, if Ms. Burris wanted to put it in an  
affidavit, for Wynn Park to pay for the expense for her lawyer to draft it. Ms. Burris did  
not take up the offer.  
[249] With respect to Ms. Burns believing that the suggestion box was a voting box to see which  
way staff would vote, Ms. Peck testified that was not correct. It was strictly for the  
purpose of suggestions from staff. Ms. Peck testified that the first time she heard of  
whispering by supervisors in the hall was after the car rally. She denies telling Ms.  
Vaughan that she should not be sitting on the fence about supporting the union. Ms. Peck  
testified that she never said that RN’s could not belong to a union. Ms. Peck said that if  
there was any talk, any reference by her of loyalty, it was loyalty to the residents of Wynn  
Park and not in relation to union activities. She denies the comments attributed to her by  
Ms. Nielsen and Ms. Vaughan.  
[250] In respect to allegations that Ms. McEwen made a comment that a room may be bugged,  
Ms. Peck testified that no room was ever bugged and that they would never authorize it.  
Further, in regard to allegations by Ms. Nielsen that Ms. McEwen had told her that Ms.  
McEwen did not support the firing of Mr. Crawford, Ms. Peck testified that was not true.  
Ms. McEwen signed the letter and was in full agreement to terminate Mr. Crawford.  
Union Argument  
Unfair Labour Practices  
Law  
[251] The Union allege that the management discussed the Union inappropriately with  
employees, in violation of sections 53(1)(3)(a) (i), (iii) (iv) (v (v) (vi), 53(3)(e) and Section  
58 of the Act which states as follows:  
53  
(1)  
….  
No employer and no person acting on behalf of an employer shall  
(3)  
(a)  
No employer and no person acting on behalf of an employer shall  
refuse to employ or to continue to employ any person or  
otherwise discriminate against any person in regard to employment or  
any term or condition of employment, because the person  
(i)  
is or was a member of a trade union,  
….  
(iii)  
has testified or otherwise participated or may testify or  
otherwise participate in a proceeding under this Act,  
has made or is about make a disclosure that he may be  
required to make in proceeding under this Act,  
has made an application or filed a complaint under this  
Act,  
(iv)  
(v)  
(vi)  
has participated in a strike that is not prohibited by this  
Act or exercised any right under this Act;  
….  
(e)  
seek, by intimidation, threat of dismissal or any other kind of  
threat, by the imposition of a pecuniary or other penalty or by any other  
means, to compel a person to refrain from becoming or to cease to be a  
member, officer or representative of a trade union or to refrain from  
(i)  
testifying or otherwise participating in a proceeding  
under this Act,  
ii)  
making a disclosure that he may be required to make in  
a proceeding under this Act,  
(iii)  
….  
making an application or filing a complaint under this  
Act;  
58  
(1)  
No person shall seek by intimidation or coercion to compel a  
person to become or refrain from becoming or to cease to be a member  
of a trade union or an employers’ organization.  
(2)  
Nothing in this Act shall be deemed to deprive an employer of his  
freedom to express his views so long as he does not use coercion,  
intimidation, threats or undue influence.  
Note: In the Union’s Post-Hearing Brief, on page 51, there is reference to clause  
(2) as D. It is assumed this is a typo and the reference is Section 58(2) of the Act.  
[252] The Union refers to the Amalgamated Transit Union Local 508 v. Zinck’s Bus Company  
Limited 1994 17662 (NS LRB), quoting from it significantly. The key principle that  
the Union relies from that case is that employers have to be sensitive to the inherently  
unbalanced power dynamic between an employer and an employee, as the employee  
relies on the employer for their job and income. The messages themselves, while they  
may appear, or be made to appear, non-coercive, need to be reviewed within that context  
to understand whether an employee who disagreed with the message would feel that  
they were being disadvantaged because of their position. The Board also considered the  
motive of the employer in expressing their opinion, noting in that case the employer was  
anti-union thus tipping the scales in favour of protecting the union from interference. The  
Union quotes one particular section (Union Post-Hearing Brief Page 53, Paragraph 314):  
…interrogation of employees…about membership in or attitude  
towards a union, or about the membership or attitude of other  
employees, is inherently destructive of significant rights of union and  
employees under the Act and under the Charter. …infiltration of union  
meetings by them or by other agents or representatives of the  
employer as conduct that interferes even if the union and/or the  
employees are unaware of it. Into this same category of inherently  
destructive conduct that will be treated as “interference” we add also  
cases of…disproportionate discipline.  
[Emphasis added.]  
[253] The Union argues that the burden to prove anti-union animus is light, relying on  
International Brotherhood of Electrical Workers, Local 625 and Taycar Electric 2018 NSLB  
105 and Canadian Union of Public Employees, Local 4919 v. Lunenburg Home for Special  
Care (Harbour View Haven) 2009 NSLRB 8. It further noted that “Labour boards piece  
together a pattern of circumstantial evidence” (Union Post-Hearing Brief Page 55,  
Paragraph 321) and refers to Commercial Logistics v. Teamsters Local Union No. 31. 2019  
95335:  
30  
The crux of such an unfair labour practice case is the employer’s  
motivation in the [discipline], something which rarely will be  
disclosed by admissions. Employers don’t ordinarily advertise  
their anti-union activities. Such intention must be pieced  
together from a pattern of circumstantial evidence.  
32…  
whether their evidence was in “harmony with the  
preponderance of the probabilities which a practical and  
informed person would readily recognize as  
reasonable in  
that place and in those conditions” (Faryna v. Chorny, para. 11)  
Evidence  
[254] The Union identifies the key actions taken by Wynn Park that it considers “inherently  
destructive conduct (Union Post-Hearing Brief - Page 53):  
1.  
Interrogation of employees about membership in or attitudes  
toward a union, or about the membership or attitude of other  
employees.  
2.  
While perhaps not overly “planned” infiltration of Union meeting  
March 21, (which is questionable in light of Teresa McEwen’s  
actions/words toward Shalene Rafuse or Jennifer Beaver that Sunday  
morning, followed by the matching “questions” to Mr. Rao by Madison  
Murphy that evening); that’s exactly what it turned out to be. Madison  
Murphy and Rebecca MacKey(sic) involved management possibly that  
same night, and certainly the next day. Too much coincidence.  
3.  
Disproportionate discipline of Mr. Peck.  
Note: It is assumed by the Board that this is a typo and the reference is  
intended to be Tevin Crawford.  
[255] The Union argued that there is general agreement with the incidents surrounding Ms.  
Burris and the filing of ULP 3. While Ms. Burris did not testify, Mr. Rao did and Ms. Blois  
recorded her call with Ms. Burris and provided an audio recording of the call, Exhibit R-1,  
Tabs 2 and 3.  
[256] The Union argues Mr. Rao testified that after Ms. Burris was pulled into a meeting with  
Mr. Thody on April 21, 2021, he spoke with her on April 22, 2021, and April 24, 2021.  
Following the second call with Ms. Burris, Mr. Rao says he prepared ULP 3 based on the  
information she provided and sent her a draft of the complaint for her review on April 26,  
2021, the day following Ms. Burris’ resignation from Wynn Park. He confirmed that he did  
not receive a response to his email but acknowledged that he spoke with her on April 27,  
2021, wherein she requested that he retract the complaint and stated that what she had  
read was untrue. Mr. Rao refused to retract ULP 3 and filed it with the Board.  
[257] The Union argues Mr. Rao testified that while he knew he did not have Ms. Burris’ consent  
to file ULP 3, he viewed it as being his complaint and therefore he did not believe he  
required Ms. Burris’ consent.  
[258] The Union refers to several alleged encounters, some more developed than others. The  
key ones that the Union appears to be relying on include:  
1.  
February 24, 2021 Mr. Crawford alleges that Ms. Peck  
responds to his comment about unionization by reminding him  
that Wynn Park is “non-unionized and would be staying that way”,  
something that Ms. Peck denies. (Union Post-Hearing Brief Page  
10, Paragraph 47)  
2.  
February 25, 2021 Ms. Nielsen states that Ms. Peck asks  
her questions about whether she had heard any union talk going  
on and asks her about specific employees and whether Ms. Nielsen  
was aware if they were supporters of the Union or not. Ms. Nielsen  
also testified that Ms. Peck told her not to tell anyone about the  
conversation. Ms. Peck disputes the content of the conversation,  
as outlined later in this decision.  
3.  
March 4, 2021 It is alleged that Ms. McEwen entered the  
lunchroom and advises Ms. MacKenzie and Cathy Blaikie that RNs  
and LPNs cannot be in the union. Ms. McEwen denies stating it as  
a fact.  
4.  
March 5, 2021 Ms. Rafuse testified that Ms. McEwen  
advised her that management expects the support of supervisors  
on the union issue. Tessa Burns (“Ms. Burns”) also states that Ms.  
Peck advised her that a box would be put up for voting, something  
that Ms. Peck denies saying.  
5.  
March 16, 2021 Ms. Vaughan testified that Ms. Peck has  
a discussion with her, asking her about loyalty and the need to  
support management. It is alleged that Ms. Peck told Ms. Vaughan  
to pretend that the conversation never happened. Ms. Peck denies  
saying the things that Ms. Vaughan alleges her to have said.  
6.  
March 21, 2021 The Union alleges that Ms. McEwen  
spoke to Ms. Beaver, accusing her of harassing other employees  
about the Union and told her to stop talking about the Union  
during her breaks. It is also asserted that Ms. McEwen  
reprimanded and intimidated Ms. Rafuse when she met with her.  
7.  
reprimanded, intimidated and threatened.  
8. March 22, 2021 Ms. Peck contacts Ms. MacKenzie at  
March 21, 2021 The Union alleges that Ms. Beaver was  
home and allegedly questions her about whether she was at the  
meeting the previous night. Ms. Peck claims she called to tell her  
about the upcoming vote. Ms. McEwen also arranges to have the  
lock cut off on a filing cabinet used by Ms. Rafuse, moving business  
files as well as personal items to an unlocked filing cabinet.  
9.  
March 23, 2021 Ms. Macumber testifies that Ms. Peck  
approached her and tells her to attend at the vote because she  
believed she knew what Ms. Macumber’s vote would be. Ms.  
Macumber said she felt panicked by Ms. Peck’s questioning.  
10.  
April 7, 2021 Ms. Beaver, Ms. Nielsen and Ms. Waldron  
testified that they were verbally reprimanded by Ms. McEwen and  
Denise MacKenzie. Ms. Nielsen says that the issues raised, while  
legitimate, had not been raised before.  
[259] The Union argues that the events referred to above are more than just coincidental with  
the timing of the organizing drive, suggesting it is not a “logical conclusion” (Union Post-  
Hearing Brief Page 55, Paragraph 323). It refers to the following incidents or discussions,  
suggesting they are not coincidences (Union Post-Hearing Brief Page 56, Paragraph 324):  
(1) After receiving the East Unit letter on February 17, Administrator  
Sheila Peck only happened to go to East Unit a week later, on  
February 24, to investigate the concerns after Mr. Crawford spoke to  
co-workers about unionizing during his morning and noon break that  
day.  
(2) Sheila Peck’s questioning of Tevin Crawford and Elaine Nielsen  
(which Ms. Peck denies) coincidentally occurred the next day, on  
February 25. [According to what Ms.  
Peck told Ms. Nielsen  
on March 5, someone had phoned her at home the evening of  
February 24 to inform her that Tevin was interesting (sic) in  
unionizing, so it wasn’t a coincidence.] Peck’s follow-up conversation  
with Elaine Nielsen March 5:  
(3) Sheila Peck on February 25 decided to scrutinize video surveillance  
recordings of only Tevin Crawford shifts not others and  
coincidentally she discovered infractions which the Employer relied  
upon (in its response to the unfair labour practice complaint, not in  
the termination letter) to justify its termination.  
(4) Sheila Boyle Peck just happened to make a FB friend request to Elaine  
Nielsen on February 27.  
(5) Madison Murphy just happened to raise with Govind Rao after the  
Union meeting two points that Teresa McEwen had admonished  
Shalene Rafuse and Jennifer Beaver about that day: 1. Employees  
feeling harassed; and 2. No campaigning at work.  
(6) Teresa McEwen just happened to be “not happy” on March 22, after  
hearing from Madison Murphy about her complaint re the Union  
meeting.  
(7) Teresa McEwen just happened to need to move materials from  
Shalene Rafuse’s filing cabinet on March 22, rather than wait for her  
to be at work on Wednesday, when an audit wasn’t scheduled until  
April.  
Issue 2 - Shalene Rafuse Meeting/Filing Cabinet Lock Removal  
[260] The Union refers to a number of incidents with respect to Ms. Rafuse and Ms. Beaver:  
March 5, 2021 Ms. Rafuse testified that Ms. McEwen advised  
her that management expects the support of supervisors on the union  
issue and also attempted to find out Ms. Rafuse’s position on the Union.  
March 21, 2021 It is asserted that Ms. McEwen reprimanded  
and intimidated Ms. Rafuse when she met with her, based solely on an  
accusation from Ms. White, which was based on things that Ms. White  
heard from others. Ms. Rafuse testified that she had never heard from  
people she had messaged that they did not wish to receive messages  
about the Union.  
March 21, 2021 The Union alleges that Ms. McEwen spoke to  
Ms. Beaver, accusing her of harassing other employees about the Union  
and told her to stop talking about the Union during her breaks. It asserts  
that the basis for Ms. McEwen speaking to Ms. Beaver was information  
based to her by other people, which she did not investigate prior to  
confronting Ms. Beaver.  
Issue 3 Elaine Nielsen, Jennifer Beaver and Beverley Waldron Meetings  
[261] The Union raises the issue of Wynn Park’s decision not to call Denise MacKenzie, who was  
involved in the meeting on April 7, 2021, with Ms. Nielsen, Ms. Beaver and Ms. Waldron  
and appears to infer that meant that Ms. MacKenzie “got the message” (Union Post-  
Hearing Brief Page 65, Paragraph 386), although it is not clear what is meant by that.  
The Union argued there is also reference to conversations, some which were clear  
hearsay and others that appeared to have been assumed to have happened. The result of  
this inference, as argued by the Union, is that the meeting on April 7 was a violation of  
the Act. It is also suggested that the actions on April 7 were precipitated by the filing of  
ULP 2 the previous day.  
[262] With respect to the March 1 meeting with Ms. McEwen, the Union argues that the fact  
that Ms. Nielsen was not shaken on cross-examination about what Ms. McEwen said  
about her lack of a reason for firing Mr. Crawford is telling. Also, the Union argues the fact  
that in response to a question from the Vice-Chair, Ms. Waldron confirmed that Ms.  
McEwen had in fact said those things (Union Post-Hearing Brief Page 72, Paragraph 431).  
[263] The Union argues it is also noted that the first time that the allegations about what Ms.  
McEwen said on March 1 were disputed was when Ms. McEwen testified. They were not  
denied in either responses to any of the ULPs, in the pre-hearing submissions filed by  
Wynn Park or was the point put to the Union witnesses during cross-examination. The  
Union also challenges whether the notes that Ms. McEwen states she created about the  
March 1 meeting were made contemporaneously, especially as they were only produced  
on July 2, 2021, and not before.  
Issue 4 March 21, 2021 Union Meeting  
[264] The Union argues on March 5, 2021, the Union organized a car rally to take place outside  
of Wynn Park. In attendance were members of the Union, including Mr. Rao with a van  
equipped with a PA system, and members from the NSNU and UNIFOR. Mr. Rao testified