During a hearing for a decertification application, the intervener employer brought a motion requesting that the panel and the entire Board disqualify themselves on the grounds of bias or a reasonable apprehension of bias.
The motion was based on the Board's decision to raise the issue of the applicant's status and its direction that the employer proceed first to lead evidence regarding the circumstances of hiring.
The Board dismissed the motion, finding that inquiring into the applicant's status was part of its statutory mandate under section 57 of the Labour Relations Act, and that directing the employer to lead evidence first was a procedural decision aimed at fairness and expedition, which did not raise a reasonable apprehension of bias.
