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Board Member O. Hodges issues concurring decision, making the October 16, 1980 decision unanimous.
A concurring decision by Board Member O. Hodges of the Ontario Labour Relations Board, stating his agreement with his colleagues.
The concurrence renders the Board's earlier decision of October 16, 1980, unanimous.
Board orders continuation of certification and successor employer hearing despite ongoing medical unavailability of respondent's key witness.
The Board considered how to proceed with consolidated applications for certification and a successor employer declaration after the respondent's key witness became medically unavailable to complete her cross-examination.
The intervener requested that the certification application be terminated or adjourned indefinitely until the witness could testify.
The applicant union argued for the hearing to proceed.
The Board refused to terminate the certification application, finding that the alleged dissolution of the employer was a voluntary act that did not extinguish the union's right to have its application adjudicated as of the application date.
Balancing the prejudice to all parties, the Board concluded that the applicant's interest in avoiding further delay outweighed the evidentiary difficulties caused by the witness's absence, and scheduled peremptory dates for the continuation of the hearing.
