The applicant trade union sought to withdraw its certification application after the Board identified irregularities in the membership evidence.
The responding party employer objected, arguing that a Vice-Chair sitting alone lacked jurisdiction to hear the matter and that the Board should investigate the alleged fraudulent membership evidence.
The Board held that the Vice-Chair had jurisdiction to sit alone pursuant to section 104(12) of the Labour Relations Act.
The Board further declined to litigate the membership evidence issues, noting that the union had withdrawn the application, and dismissed the certification application.
