Fernando da Silva

During a hearing for a reconsideration of a Board decision granting early termination of a collective agreement, the respondent company brought a motion to dismiss the interveners' application after the interveners concluded their evidence.

The company argued it should not have to elect whether to call evidence.

The Board characterized the motion as analogous to a non-suit motion in civil proceedings and directed that the company and the applicant union (who supported the motion) be put to their election as to whether they intend to call evidence before ruling on the motion.

During a hearing for a request to reconsider a decision consenting to the early termination of a collective agreement, the intervening union (USWA) sought to introduce union membership cards to corroborate evidence of an organizing campaign.

The incumbent union and the employer objected, arguing that if the cards were admitted, they should be entitled to examine them, including the identities of the signatories.

The Board held that section 111(1) of the Labour Relations Act protected the confidentiality of the cards even outside a certification application.

Balancing the limited probative value of the cards as hearsay evidence against the potential prejudice to the other parties and the legislative intent to protect union membership confidentiality, the Board exercised its discretion to refuse to admit the membership cards into evidence.

The applicants sought a declaration under section 58 of the Labour Relations Act that the respondent union no longer represented the employees, alleging that a supervisor was involved in the union's organizing drive and intimidated employees into signing membership cards.

The Board dismissed the application without an inquiry into the merits, finding that the allegations, even if true, did not constitute fraud within the meaning of section 58.

The Board noted that such allegations of employer involvement and intimidation could be filed under other sections of the Act, but would raise concerns of timeliness.