2 total
Adjournment request denied; change of representative and need for preparation time are not extraordinary circumstances.
The applicant requested an adjournment of the scheduled hearing because his retainer with his previous legal representative had ended and he needed time to prepare and submit required documents.
The respondents consented to the adjournment.
The Tribunal denied the request, finding that a change in representation and the need for more preparation time do not constitute extraordinary circumstances justifying an adjournment under the Tribunal's rules, even when requested on consent.
Certification application dismissed after Board found a broader two-plant bargaining unit was appropriate.
The union applied for certification for a bargaining unit of employees at Hornco Plastics Inc.'s Whitby plant.
The responding parties argued that Hornco and Horn Plastics Ltd. should be treated as a single employer under section 1(4) of the Labour Relations Act, and that the appropriate bargaining unit should encompass both the Whitby plant and Horn's Pickering plant.
The Board found that the two plants were highly integrated, with a single payroll, shared management, and significant employee interchange.
The Board exercised its discretion to declare the companies a single employer and found the broader two-plant unit to be appropriate to avoid serious labour relations problems.
As the union had less than forty percent membership support in the broader unit, the application for certification was dismissed.
