Application for certification dismissed as union's membership evidence was deficient and oral evidence was inadmissible.
The applicant union applied for certification in the construction industry.
At the hearing, the unrepresented applicant requested an adjournment to retain legal counsel, which the respondent opposed.
The Board noted that the applicant's written membership evidence failed to state the amount of dues paid, and the applicant sought to adduce oral evidence to cure this defect.
The Board refused the adjournment, holding that its Rules of Procedure and established jurisprudence strictly prohibit oral evidence to establish the fact of membership, allowing it only to identify and substantiate written evidence.
As the written evidence was deficient and could not be cured by oral testimony, the Board found no employees were members of the applicant on the application date and dismissed the application.
International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers and Helpers v. Consolidated Maintenance Services Limited, 1983 CanLII 822