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Application for interim stay of a bottom-line certification decision dismissed due to prejudice of delay.
The applicant employer sought an interim order under section 92.1 of the Labour Relations Act to stay a 'bottom line' certification decision pending the issuance of detailed written reasons and the disposition of an application for reconsideration.
The Board dismissed the application, finding that the harm to the union and the employees caused by further delay in the certification process significantly outweighed any potential harm to the employer.
The Board emphasized that expedition is critical in labour relations and that staying a decision to allow a party to assess its position for judicial review would undermine the purpose of issuing bottom line decisions.