In the context of union certification applications, the intervenor and responding party sought to restrict the disclosure and use of a document they claimed was a voluntary recognition agreement.
The document had been produced to the applicant subject to a strict confidentiality undertaking.
The Board held that while an implied undertaking restricts the use of documents produced during litigation, this restriction ceases to apply once a document is admitted into evidence at a public hearing.
The Board found no compelling reason under the Statutory Powers Procedure Act or the Labour Relations Act to order the hearing closed or to restrict the use of the document outside the proceedings, emphasizing the importance of transparent decision-making.
