Board resolves preliminary issues regarding order of proceeding, cross-examination of declarant, and pre-hearing production of documents.
In an application for certification and an unfair labour practice complaint, the parties raised several preliminary issues.
The Board declined to dismiss the union's section 8 application without a hearing on the merits, finding that the adequacy of membership support must be assessed in light of all circumstances.
The Board ordered the union to proceed first with its evidence on all aspects of the case.
The Board also refused the respondent's request to cross-examine the Form 9 declarant, as there were no allegations of false statements or irregularities regarding the mailed membership evidence.
Finally, the Board ordered the union to produce any tape recordings and transcripts of statements made by company officials on which it intends to rely in the proceedings.
