In a grievance arbitration concerning a 20-day suspension, the union moved for a non-suit at the close of the employer's case.
The employer argued the union should be put to its election as to whether it would call evidence.
The adjudicator reviewed the Board's jurisprudence and the balance between expedition and fairness.
The adjudicator concluded that the union need not be put to its election, noting that any unfairness could be mitigated by not providing reasons if the motion was dismissed.
Ultimately, the adjudicator dismissed the union's motion for non-suit without providing reasons, and directed the union to advise whether it intended to call evidence.
