Russell C. Goodfellow

The Board considered whether to give effect to a representation vote in a certification application by CAW-Canada Local 195, given a prior one-year bar imposed on the national union, CAW-Canada.

The employer argued that section 10(3) of the Labour Relations Act barred the local union's application, or alternatively, that the Board should exercise its discretion under section 111(2)(k) to refuse to entertain it.

The Board held that section 10(3) applies only to the same trade union applicant, and Local 195 is a distinct legal entity from the national union.

The Board declined to exercise its discretion to refuse the application, noting that a competing application by the UAW would have resulted in a vote anyway.

The Board certified Local 195 based on the vote results.

The applicant sought reconsideration of a Board decision that declared a sale of business had occurred.

The applicant argued that the Board erred by failing to set out the parties' arguments and the case law in its decision.

The Board dismissed the application for reconsideration, finding that it had provided a seven-page decision setting out the relevant facts and applying the law, which more than met its obligations under the Statutory Powers Procedure Act to provide adequate reasons.

The Board noted that in cases where the law is settled and outcomes apparent, it will err on the side of brevity to fulfill its goal of timely decision-making.