The employers brought a preliminary motion to adjourn applications filed by two unions regarding a reorganization of food distribution warehouses.
The employers argued the applications were premature because employees represented by the responding union had not yet been moved to the new consolidated facility, meaning no intermingling had occurred.
The Board agreed that it had no jurisdiction to order a representation vote under section 69(6) of the Labour Relations Act, 1995 until intermingling actually took place.
The Board adjourned the proceedings but directed the scheduling of hearing dates for early the following year to mitigate the responding union's concerns about delay prejudicing its position.
