The applicant trade union filed an unfair labour practice complaint alleging that the employer's reorganization of its workforce shortly after certification breached the Labour Relations Act.
The employer raised several preliminary procedural issues, seeking an adjournment pending a section 108(2) employee status determination, dismissal for lack of a prima facie case, dismissal for want of particulars, and an order that the union proceed first with its evidence.
The Board dismissed the motions for adjournment, lack of a prima facie case, and want of particulars.
A majority of the Board ordered the employer to proceed first with its evidence, finding that the core allegations attracted the reverse onus provisions of section 91(5) and that the employer had peculiar knowledge of the circumstances.
