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Board consolidates termination and ULP applications, allows party name amendment, and directs unions to proceed first.
The Board heard preliminary matters regarding a termination application and an unfair labour practice complaint.
The Board ordered the applications consolidated as they involved common evidence.
The Board allowed the applicant to amend the name of the responding party in the termination application under section 112 of the Act, finding the error was a bona fide mistake.
Finally, the Board determined the order of proceeding, directing the unions to adduce evidence first, as the core factual allegations regarding employer interference were not acknowledged by the employer and the unions' witnesses were best positioned to establish the factual foundation.
Application to set aside representation vote dismissed; union propaganda did not overpower voters' critical faculties.
The applicant sought to set aside a representation vote that resulted in the union retaining its bargaining rights, alleging that the union circulated misleading pre-vote propaganda.
The applicant claimed the propaganda falsely characterized the vote as a union versus management scenario and suggested employees' jobs would be in jeopardy if the union were decertified.
The Ontario Labour Relations Board dismissed the application, finding that the alleged statements were not of such a nature that they would overpower the critical faculties of the employee voters.
