Motion to dismiss unfair labour practice complaint for lack of prima facie case denied.
The applicant union filed an unfair labour practice complaint alleging that the responding union and employer violated the Labour Relations Act during a certification application.
The responding union brought a motion to dismiss the complaint for failing to disclose a prima facie case.
The Board dismissed the motion, finding that an arguable case was pleaded regarding employer support impairing the representation vote.
The Board conditionally struck two individuals as responding parties and one paragraph of the pleadings, pending submissions from the applicant.
The Board also directed the applicant to provide specific particulars to enable the responding parties to prepare their case.
Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Universal Workers Union, Labourers’ International Union of North America, Local 183, 2001 CanLII 13863