Union certification application dismissed without a bar on future applications despite employer allegations of membership card improprieties.
The applicant union sought to withdraw its application for certification at the opening of the hearing due to potential defects in membership cards and equivocal employee support.
The respondent employer requested that the Board dismiss the application and impose a ten-month bar on future applications pursuant to section 103(2)(i) of the Labour Relations Act, alleging improprieties in the collection of membership evidence.
The Board declined to conduct an inquiry into the allegations or impose a bar, noting that a bar is not intended as a penalty for improper conduct but rather to restore equilibrium to labour relations.
The application was dismissed without a bar.
Retail, Wholesale and Department Store Union, AFL:CIO:CLC: v. Quick Messenger Service, a Division of 382525 Ontario Limited, 1986 CanLII 1545
