In an application for certification, the applicant union filed membership cards, three of which did not indicate that the employees had paid the minimum one dollar initiation fee.
The union sought to adduce oral evidence to establish that the payments were made.
The Ontario Labour Relations Board held that the payment of the initiation fee is a substantive requirement of membership under the Labour Relations Act, not merely a formal or technical defect.
Consequently, under the Board's Rules of Procedure, oral evidence could not be admitted to cure this substantive defect.
The defective cards were discounted, and the matter was listed for a continuation of the hearing.
