Employer's application to terminate bargaining rights dismissed as union had not slept on its rights.
The applicant employer applied under section 65(2) of the Labour Relations Act, 1995 to terminate the responding party union's bargaining rights.
The union brought a motion to dismiss the application for failing to disclose a prima facie case.
The Board found that the union had not slept on its rights and was making efforts to bargain, despite unsmooth negotiations.
Applying the principle that section 65(2) is to be used as a shield and not a sword, the Board granted the motion and dismissed the employer's application.
Erin Park Automotive Limited v. National Automobile, Aerospace Transportation and General Workers Union of Canada (CAW-Canada), 1996 CanLII 11178