I. F. Davidson

The complainant, a registered nurse, filed complaints against her trade union and employer alleging violations of the Labour Relations Act, including a breach of the duty of fair representation.

The respondents moved to dismiss the complaint without a hearing on the merits, arguing it did not disclose a prima facie case.

The Board dismissed the motion, finding that the complaint raised complex questions of fact and law that were inappropriate to determine as a preliminary matter, though it dismissed the section 64 allegation for lack of standing.