Ron Joyal

The applicant union filed applications for certification to displace the incumbent union.

The incumbent union and an interested party argued the applications should be dismissed due to late delivery to the employer and inaccuracies in the Certificates of Delivery.

The Board found the applicant acted in good faith and intended to deliver the applications on time, but was thwarted by a clerical error with a facsimile number.

The Board exercised its discretion under Rule 44 to relieve against the strict application of the Rules, accepted the application date as March 14, 2000, and directed the opening of the ballot boxes.

The employer brought a motion to dismiss the union's unfair labour practice application regarding the discharge of four employees and the removal of machinery.

The employer argued that because the union had raised these issues before an ongoing interest arbitration board settling a first collective agreement, the union had elected its forum and the Board should dismiss the application to avoid dual proceedings.

The Board dismissed the motion, finding that the issues and public policy concerns before the Board and the interest board are distinct, and there is no statutory requirement to elect between the two forums under the Labour Relations Act, 1995.

However, the Board adjourned the proceedings pending the outcome of the interest arbitration, as the award could render the issues moot or significantly impact the proceedings.