Leave to withdraw application granted without prejudice, consistent with Board practice to facilitate settlements.
The applicant sought leave to withdraw its application under section 91 of the Labour Relations Act.
The responding party employer requested that the withdrawal be on a 'with prejudice' basis due to expenses incurred and potential unfairness if the matter were resurrected.
The Board declined to require the withdrawal to be 'with prejudice', noting its practice of facilitating settlements and that abuse of process could be raised if a subsequent application is filed.
Leave to withdraw was granted.
Communications, Energy and Paperworkers Union of Canada and its Local 1291 v. Buntin-Reid Division of Domtar Inc., 1995 CanLII 9960