0. R. McGuire

The applicant filed an application for termination of bargaining rights.

The union and the employer had previously agreed to continue a first contract arbitration under the transition provisions of the Labour Relations Act, 1995.

The Board found that this agreement constituted an irrevocable agreement to arbitrate under section 40 of the Act, which has the same effect as a collective agreement in making a termination application untimely.

Consequently, the application was dismissed.

The applicant union applied for certification and a representation vote was held.

Several employees objected to being included in the bargaining unit, raising concerns related to community of interest.

The Board applied the test from The Hospital for Sick Children and concluded that the objecting employees' allegations, even if true, would not change the result of the application.

As more than fifty percent of the ballots were cast in favour of the applicant, the Board issued a final decision without a hearing, defined the appropriate bargaining unit, and directed that a certificate issue to the applicant.

The applicant filed a third application for termination of bargaining rights shortly after a previous application was dismissed.

The union argued the application was untimely under the newly enacted Interim Rules of Procedure and that the Board should refuse to entertain it due to the multiplicity of applications.

The Board relieved against the strict application of the new rules, finding the application timely.

However, the Board exercised its discretion to refuse to entertain the application, balancing the employees' right to test union support against the need for stability in the collective bargaining relationship.

The Board imposed a one-year bar on further applications by the applicant.