Displacement application found timely as parties' agreement constituted a new collective agreement; ballots to be counted.
The applicant union filed a displacement application for certification to replace the incumbent union.
The timeliness of the application depended on whether the Inflation Restraint Act had extended the previous collective agreement or whether a subsequent document signed by the employer and incumbent union constituted a new collective agreement.
The Board found that the subsequent document was a separate collective agreement that expired on December 31, 1983, making the application timely.
The Board also declined to order a new representation vote despite the passage of time, directing that the ballots from the pre-hearing vote be counted.
Christian Labour Association of Canada v. Marsdale Manor Nursing Home, 1985 CanLII 1048