G. Donnelly

The applicant filed an application to terminate the respondent union's bargaining rights.

The union had been certified less than a year prior, but the employees had engaged in a lawful strike.

The applicant argued that the strike triggered the time limits in section 53(3) of the Labour Relations Act, overriding the one-year protection period in section 49(1).

The Board held that section 53(3) cannot reduce the one-year period of protection accorded to a newly certified union.

The application was dismissed as untimely.