The Saskatchewan Labour Relations Board has dismissed an unfair labour practice application by the United Food and Commercial Workers Union, Local 1400, ruling that communications sent by Fire & Flower to its employees during a union organizing campaign did not constitute interference, coercion, or intimidation under The Saskatchewan Employment Act.
The dispute arose after the union accused the employer of engaging in unfair labour practices by distributing communications, including emails, brochures, and presentations, during a certification drive at its Saskatoon retail cannabis stores.
The union alleged that these communications violated provisions designed to protect employees’ rights and union integrity.
Background to the case
The union initially filed a certification application in October 2022 to represent certain Fire & Flower employees in Saskatoon. Following a contentious period involving unfair labour practice claims from both parties, settlement agreements were reached, resulting in new elections scheduled in May 2024.
Between May 10 and May 29, 2024, Fire & Flower issued multiple communications to its employees about unionization, prompting the union to file the unfair labour practice application.
Union’s allegations
The union argued that the employer’s communications portrayed unionization negatively, included misleading information, and suggested that the union was untrustworthy.
Specifically, the union took issue with the employer’s references to union dues, the uncertainty around job security, and potential limitations on individual employee negotiations under a collective agreement.
The union further objected to references made to the LabourWatch website, characterizing it as an anti-union source of information.
Employer’s defense
Fire & Flower maintained that its communications were factual, balanced, and aimed at ensuring employees were well-informed about potential impacts of unionization.
Eli Mail, vice-president of retail operations for Fire & Flower, testified that the communications were intended to provide clarity and transparency. He argued the materials reflected concerns raised by employees and his experiences with unionized workplaces.
Decision of the board
The board applied an objective test to determine if the communications would have a coercive or intimidating effect on employees of reasonable intelligence and fortitude. It concluded that the union failed to provide clear, convincing, and cogent evidence that Fire & Flower’s communications interfered with, restrained, intimidated, threatened, or coerced employees.
Regarding the union’s concerns about LabourWatch, the board noted there was insufficient evidence to prove that the employer’s reference to this website interfered with employee rights. It also dismissed concerns about union dues calculations, noting the employer clearly stated they were approximations.
The board emphasized that while the employer clearly expressed its preference for remaining union-free, it balanced these statements by affirming employees’ rights to choose and encouraging independent research.
Settlement agreement compliance
Additionally, the union alleged that Fire & Flower breached a previous settlement agreement by issuing communications similar to those that had previously prompted unfair labour practice complaints. However, the board found no breach, concluding that the settlement explicitly allowed Fire & Flower to continue communicating with its employees provided it removed prior campaign materials, a requirement that the employer met.
Conclusion and next steps
The Labour Relations Board dismissed all allegations, clearing Fire & Flower of any wrongdoing. The ballots from the union certification vote, which had been held under seal pending this decision, were ordered to be unsealed and counted.
For more information, see UFCW, Local 1400 v Fire & Flower Inc., 2025 SKLRB 14 (CanLII).
