The applicant union breached a settlement agreement by paying a $1,000 photocopying fee late.
The responding employers sought to have the applications dismissed as a consequence of the breach, and requested that the Board consider representations made during the mediation process.
The Board panel, having mediated the settlement, decided to recuse itself from determining the consequences of the breach, as it would be inappropriate for the panel to hear evidence regarding confidential mediation communications.
The matter was referred to the Registrar to assign a different panel to hear the employers' request for dismissal.