Hearing adjourned because the representative of objecting employees did not receive adequate notice.
The applicant union filed two applications for certification in the construction industry.
A group of employees filed statements of desire in opposition.
At the hearing, the representative for the objecting employees requested an adjournment, arguing he had not received adequate notice of the hearing.
The Board found that the representative had not been served with a notice of hearing because the statement he filed lacked his return address and did not explicitly identify him as the representative.
However, because the Board also failed to issue a general notice to employees at the employer's address, the representative did not receive adequate notice.
The Board granted the adjournment to allow the representative time to retain counsel.
Labourers' International Union of North America, Ontario Provincial District Council v. Elgin Construction Company Limited, 1986 CanLII 1412