John Adema

The complainants sought a cease and desist order and damages, alleging the respondents engaged in unlawful picketing and strikes to prevent the employer from operating with members of the Christian Labour Association of Canada.

The respondents moved to strike the claims, arguing the alleged unlawful conduct had ceased months prior.

The Board dismissed the motion, finding no overriding labour-relations purpose to decline hearing the application or limiting the potential remedies before hearing the evidence.

The applicant union filed an application alleging a sale of business and related employer status between the respondents.

The respondents brought a preliminary motion to dismiss the application without a hearing, arguing the applicant failed to make out a prima facie case and demanding further particulars.

The Board held that the application made out a prima facie case and that the statutory reverse onus provisions limit the extent to which an applicant must particularize facts exclusively within the respondents' knowledge.

However, the Board directed the applicant to provide further particulars regarding specific allegations of improper conduct.

The Board also deferred ruling on the intervener's status until it adduced evidence of a valid collective agreement.