The applicant union filed unfair labour practice complaints against the responding party, a successor employer providing security services.
The responding party brought preliminary motions to dismiss the complaints, arguing that the union's three-and-a-half month delay in filing prejudiced its ability to defend the claims, and that the statutory freeze under section 81(2) of the Labour Relations Act did not apply because it had not received formal Board notice of the certification application prior to the successorship.
The Board dismissed the delay motion, finding the delay was short and any prejudice could be addressed remedially.
The Board also dismissed the notice motion, interpreting section 64(3) of the Act to mean that the statutory freeze environment flows through to the successor employer regardless of whether it received formal Board notice.
