The applicant union brought a preliminary motion to dismiss a request for reconsideration of a Board decision that had issued two certificates to the union.
The union argued that the Board lacked jurisdiction to reconsider its decision or, alternatively, should exercise its discretion to refuse the request.
The Board dismissed the preliminary motion, finding that section 106(1) of the Labour Relations Act grants it broad jurisdiction to reconsider any decision.
The Board held that the union's arguments regarding reliance and finality went to the exercise of the Board's discretion, which should only be determined after a full hearing on the merits of the reconsideration request.
