The union applied for certification and filed an unfair labour practice complaint.
Following a representation vote, the union withdrew its status challenges, which would have resulted in the dismissal of the certification application but for the unfair labour practice complaint.
The complaint hearing was deferred because the employer had not received notice.
The union requested that a new panel hear the complaint as soon as possible, while the employer argued the current panel was seized.
The Vice-Chair ruled he was not seized of the complaint as he had not commenced hearing it, and referred the matter to the Registrar to be scheduled for hearing before a new panel at the earliest opportunity.