Application for reconsideration dismissed; union cannot rely on its own illegal strike threat to obtain interim work assignment order.
The complainant union sought an interim order under section 91(8) of the Labour Relations Act to redistribute work in its favour, citing an imminent strike by its own members.
The Board initially refused the interim order without a hearing, reasoning that a party cannot rely on its own illegal strike threat to obtain relief.
The complainant sought reconsideration, arguing the refusal without a hearing or consultation was a denial of fundamental justice.
The Board dismissed the application for reconsideration, affirming that it has discretion under section 91(8) and is not required to hold a hearing when the pleadings do not disclose a valid basis for an interim order.
International Association of Bridge, Structural and Ornamental Iron-workers, Local 721 v. Newmarch Mechanical Limited, 1988 CanLII 3787