In a consolidated application for certification and unfair labour practice complaint, the union requested that the employer be directed to proceed first due to the reverse onus provisions of section 89(5) of the Labour Relations Act.
The employer argued that the union should proceed first, consistent with the Board's past practice in section 8 applications.
The Board exercised its discretion and directed the employer to proceed first, noting that the bulk of the evidence would relate to the section 89 allegations for which the employer bears the legal burden.
Board Member Wightman dissented, arguing that the existing practice of requiring the union to proceed first should be maintained.
