The responding parties brought a preliminary motion to bar the applicant union's related and successor employer applications under sections 69 and 1(4) of the Labour Relations Act, 1995.
The responding parties argued that the union's prior application for certification in respect of one of the responding parties constituted an admission against interest that it did not hold existing bargaining rights.
The Ontario Labour Relations Board dismissed the preliminary motion, holding that the Act permits a trade union to pursue certification and section 69/1(4) applications in the alternative, as they are not mutually exclusive and serve different remedial purposes.
