The complainant alleged that the respondent union breached its duty of fair representation under section 60a of the Labour Relations Act regarding hiring hall referrals.
The union brought preliminary motions to dismiss the complaint for periods when no collective agreement was in effect and for extreme delay.
The Board held that the statutory freeze period under section 70(1) preserved the hiring hall provisions for 14 days following the release of a 'No Board' report, allowing the Board to hear allegations from that period.
The Board also declined to dismiss the older allegations for delay, noting its practice is to consider delay when assessing relief rather than barring the complaint entirely.
