The applicant union applied to displace the incumbent union as the bargaining agent for the plant employees of the respondent.
The employer and incumbent union argued the application should be for a composite unit of plant and office employees, and that the application was untimely due to the appointment of a Conciliation Officer.
The Board held that the existing separate plant unit was appropriate for collective bargaining.
The Board further held that the application was timely because it was made during the 'open period' of the collective agreement, and the appointment of a Conciliation Officer cannot close the open period before its expiry.
Following a representation vote in favour of the applicant, the Board certified the applicant and terminated the incumbent's bargaining rights.