The Ontario Labour Relations Board addressed preliminary matters in a Ministerial reference regarding the appointment of a conciliation officer and a related unfair labour practice application alleging a breach of the duty of fair representation.
The Board consolidated the matters on consent, directed the applicants to serve a proper Notice of Constitutional Question, and deferred a ruling on an intervenor's standing.
To expedite the proceedings, the Board directed the parties to provide legal argument and identify proposed evidence on whether a trade union may unilaterally abandon its bargaining rights and the implications of such abandonment.