Karl Ball

The applicants sought declarations terminating bargaining rights.

At the hearing, the Board raised concerns regarding the named respondents, sufficiency of notice, and bargaining unit descriptions, noting that affiliated bargaining agents had not been named or served.

The parties agreed to adjourn the hearing to allow the applicants to name and serve the appropriate parties, without prejudice to the respondents' right to argue the applications were void ab initio.

The Board adjourned the hearing and directed that related unfair labour practice and grievance files be scheduled to be heard together with these applications.

The applicant union sought to withdraw its jurisdictional dispute application under section 91 of the Labour Relations Act following the completion of the pre-hearing conference process.

The respondent argued the application should be dismissed rather than withdrawn.

The Board held that settlements and withdrawals after pre-hearing discovery should be encouraged without prejudice, as dismissing such applications could discourage unions from utilizing the Board's processes and lead to disruptive self-help measures.

The Board granted leave to withdraw the application.