The applicant, the City of Kitchener, applied under section 127.2 of the Labour Relations Act, 1995 for a declaration terminating the responding parties' bargaining rights, claiming it is a non-construction employer.
The responding unions brought a motion to dismiss the application, arguing it did not disclose a prima facie case and was not filed in compliance with the Board's Rules of Procedure due to the misidentification of parties.
The Board dismissed the motion, finding the application pleaded sufficient facts to establish a prima facie case.
The Board also relieved against the strict application of the rules regarding the misidentification of parties, finding it was done in good faith with no prejudice, and ordered the applicant to file an amended application with the correct names.