A. Ferens

The applicant union brought unfair labour practice and contempt applications against the respondents, including a Minister of the Crown.

During the proceedings, the Vice-Chair disclosed that all Board Vice-Chairs had received confidential information regarding the selection process for the recent removal of four Vice-Chairs, an issue central to the applicant's allegations of political interference and lack of institutional independence.

The respondents moved for recusal.

The Board held that, given the high standard of natural justice applicable to its adjudicative functions, the disclosure of this highly relevant but undisclosed information raised a reasonable apprehension of bias.

The proceedings were stayed.

The applicant union applied for certification to represent employees at a newly opened nursing home in Etobicoke.

The intervener union claimed it already represented the employees based on a voluntary recognition agreement with the employer.

The Board held that under section 60(1) of the Labour Relations Act, a voluntary recognition agreement that expands an existing bargaining unit to include new employees is subject to challenge if entered into before the employees are hired or aware of the union representation.

Since the intervener did not demonstrate majority support among the new employees at the time they were hired, the Board declared the intervener was not entitled to represent them, and the applicant's certification application was timely.