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ca Representing Canadian workers since 1902

Via facsimile (902) 424-1744 Ms. Mary-Lou Stewart Chief Executive Officer Nova Scotia Labour Relations Board 5151 Terminal Road, 7th Floor PO Box 697 Halifax, Nova Scotia B3J 2T8 Dear Ms. Stewart and Ms. Crowe: Re: Service Employees International Union Local 2, Brewery, General & Professional Workers Union

April 15, 2013 Ms. Heather Crowe Program Officer Nova Scotia Labour Relations Board 5151 Terminal Road, 7th Floor PO Box 697 Halifax, Nova Scotia B3J 2T8

(the Applicant) and JustUS! Coffee Roasters Co-op (the Respondent) Unfair Labour Practice Complaint LB-0356 As you know, I am legal counsel to the Service Employees International Union Local 2, Brewery, General and Professional Workers Union (the Union or SEIU Local 2). Subsequent to the filing of the Unions most recent particulars on April 12th, SEIU Local 2 has become aware of further violations of the Act by the Respondent. Accordingly, SEIU Local 2 wishes to amend its complaint to add the following additional material facts and submissions: 1) On or around April 12, 2013, the Respondent posted a memo in the workplace, a copy of which is attached, which purported to be related to health and safety matters but, in fact, was entirely aimed at attempting to prevent employees from engaging in any discussion or support of the Union in the workplace. 2) The memo indicates that workers adopting positions adverse to the employer (Just Us! Coffee Roasters) will be disciplined. It goes without saying that most employers, the Respondent included, clearly regard the unionization of its employees as being adverse to its interests. The pattern of conduct on the part of the Respondent, as set out in the complaint and first set of particulars filed with the Board, confirms that the Respondent certainly views the activities of its employees, in supporting the Unions organizing drive, as being adverse to its interests. Accordingly, its statement could not be clearer in drawing the link between the potential for discipline and ones support in the workplace
2600 Skymark Ave. Bldg 2, Suite 200 Mississauga, ON L4W 5B2 1-800-663-6841 905-602-7477 Fax 905-602-7476 572 Arthur St. W. P.O. Box 32001 Thunder Bay, ON P7E 0A1 1-888-887-5343 807-473-9651 Fax 807-473-3632 331 Cooper St. Suite 503 Ottawa, ON K2P 0G5 613-567-3528 Fax 613-567-0924 7820 Edmonds St. Suite 301 Burnaby, BC V3N 1B8 604-540-7774 Fax 604-540-7779 163 Wyse Road, Lower Level Dartmouth, NS B3A 1M5 902-455-1095 Fax 902-455-1855

www.seiulocal2.ca Representing Canadian workers since 1902

for the Union and the organizing drive. The impugned statement is clearly aimed at creating a chill in the workplace. 3) The memo also purports to impose a blanket prohibition on employees wearing Union apparel in the workplace. It is critical to observe that employees at the Spring Garden location do not wear a uniform in the course of their duties but rather, wear their own personal clothing. The Respondent had previously been very flexible in terms of the clothing and appearance of its employees. Accordingly, the Respondents recent reversal of position and imposition of a blanket prohibition on Union T-Shirts or other apparel is clearly aimed at stifling any demonstration of support for the Union in the workplace. 4) Finally, the memo also appears to impose a wide prohibition on any discussion of unionization or support for the Union in the workplace. First, the Union asserts that employees are certainly free to communicate and discuss the Union and its activities during breaks, which represent unpaid periods of time during employees shifts. While SEIU Local 2 accepts the proposition that employees may not be permitted to engage in discussion or communications that disrupt or interfere with the actual operation of the cafe or provision of service to customers, a complete prohibition on any discussion of the Union or the organizing drive clearly represents an attempt to stifle employees desire to demonstrate their support for the Union and the organizing drive and to engage in communication with co-workers about the subject. SEIU Local 2 submits that employees are entitled to express support for a trade union and to participate in its organizational activities. 5) The Respondents actions, as described above, amount to, at a minimum, a violation of subsections 53(1)(a), 53(3)(a), and/or 53(3)(b). I trust the foregoing is satisfactory. Should you have any questions or concerns, please feel free to contact me directly at (905) 602-7477 x. 209, by fax to (905) 602-7476, or by email at bprice@seiulocal2.ca. As a courtesy, a copy of this correspondence is being forwarded to the attention of the Respondent. Yours truly,

Bruce Price Legal Counsel cc: Respondent

572 Arthur St. W. P.O. Box 32001 Thunder Bay, ON P7E 0A1 1-888-887-5343 807-473-9651 Fax 807-473-3632 331 Cooper St. Suite 503 Ottawa, ON K2P 0G5 613-567-3528 Fax 613-567-0924 7820 Edmonds St. Suite 301 Burnaby, BC V3N 1B8 604-540-7774 Fax 604-540-7779 163 Wyse Road, Lower Level Dartmouth, NS B3A 1M5 902-455-1095 Fax 902-455-1855

2600 Skymark Ave. Bldg 2, Suite 200 Mississauga, ON L4W 5B2 1-800-663-6841 905-602-7477 Fax 905-602-7476