The applicant employee applied to terminate the union's bargaining rights.
The union raised a preliminary objection that the application was untimely because a collective agreement was already in effect.
The employer had made a final offer which the employees rejected twice, leading to a brief strike.
During the strike, the union's Canadian Director exercised his constitutional authority to ratify the employer's final offer on behalf of the union, without employee approval.
The Board found that the employer's offer had not been withdrawn and remained outstanding.
By ratifying the offer, the union and employer achieved a collective agreement, even though the employer had not yet signed the formal document.
Consequently, the termination application was dismissed as untimely.