The applicant union applied for direction of settlement of a first collective agreement by arbitration under the Labour Relations Act.
Subsequently, the union applied under the Hospital Labour Disputes Arbitration Act (HLDAA), asserting the respondent employer is a hospital.
The employer argued the Board should dismiss or defer the first contract application.
The Board declined to dismiss the application for abuse of process but adjourned the hearing pending the Minister's decision on the respondent's status under the HLDAA, noting the balance of convenience favoured avoiding a potentially null proceeding.
