In a certification application and related unfair labour practice complaint, the employer argued that the union had abandoned its challenges to the managerial status of four individuals by filing its submissions one business day late.
The Board exercised its discretion to relieve against the strict application of the Rules, finding the delay was marginal, caused no prejudice, and the union's position had been clear throughout.
The Board also ruled that the two applications would be heard together and directed the employer to proceed first in calling its evidence on all issues.
