- May 26, 2021
- Certifications/Decertifications
The Union applied to withdraw its application to vary its certification application to add two positions, head of properties and properties assistants, on a “without prejudice basis”. The Employer objected to the application being withdrawn “without prejudice”, and sought that the withdrawal be allowed only “with prejudice”. The Board held that it may only deny the Union’s application if the objecting party demonstrates that it would experience some prejudice if the application were granted, or a valid purpose for the Board to adjudicate the application. The Board concluded that TUTS did not demonstrate any prejudice. It further found that there was no reason to adjudicate the application. To the contrary, TUTS was achieving the result it sought in the application, the exclusion of the two positions from the proposed bargaining unit, and there was only a remote possibility that the issue would arise in the future.