Bernie Brunino

The responding party employer brought a preliminary motion to dismiss the applicant union's unfair labour practice complaint due to delay.

The union alleged that four employees were terminated contrary to the Act, with the application filed between two and a half to eight months after the terminations.

The Board declined to exercise its discretion to dismiss the application for delay, noting the serious nature of the allegations involving termination of employment and the lack of actual prejudice to the employer.

The applicant union sought the production of documents in relation to an application for certification.

At the hearing, the responding party employer filed a number of documents which the union had not yet reviewed.

The Board made oral rulings directing the employer to produce documentation relating to 37 individuals and to produce for inspection all employment records relating to persons employed by or retained through ARG who performed work at the employer's location during the six months prior to the certification application.

The unfair labour practice complaint was scheduled to be heard at the same time as the certification application.