Al. G. Mitchnick

The applicant filed an application for termination of bargaining rights under section 57(1) of the Labour Relations Act.

The respondent union raised a preliminary objection that the application was untimely because a collective agreement had already been reached.

The Board found that the union and the employer had reached a final resolution of the collective agreement terms on July 11, prior to the filing of the termination application on July 12.

The Board rejected the employer's argument that the agreement was conditional on the resolution of outstanding unfair labour practice complaints.

Consequently, the termination application was dismissed as untimely.