Union's motion to dismiss second termination application and impose a bar denied.
The applicant filed an application to terminate the respondent union's bargaining rights, having previously withdrawn a similar application when it appeared she had insufficient support.
The respondent union brought a motion requesting the Board to exercise its discretion under section 105(2)(i) of the Labour Relations Act to dismiss the second application and impose a bar on further applications, arguing that the representation issue had already been tested.
The Board dismissed the union's motion, finding that the representation issue was not truly determined in the first application and that balancing the interests of labour relations stability and the right to test representation favoured allowing the second application to proceed.
Rosetta Luciani v. The Hotel Employees: Restaurant Employees Union, Local 75 of the Hotel Employees, Restaurant Employees International Union, 1992 CanLII 6764