The responding party employer raised a preliminary objection to a grievance referral, arguing that the applicant union had abandoned its bargaining rights.
The employer had signed a voluntary recognition agreement but later ceased applying it, operating non-union.
The Board found that the union was reasonably unaware that the employer was operating non-union during the relevant period, as the employer used a related company's name on job sites.
The Board concluded that the union's actions, including filing a grievance and an application for certification, were consistent with an assertion of bargaining rights, and therefore the union had not abandoned its rights.