The applicant applied under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.
The union argued the application was untimely and that the applicant was not a member of the bargaining unit.
The Board found the application timely as it was filed exactly one year after certification.
Finding that at least forty percent of employees expressed a wish not to be represented by the union, the Board directed a representation vote, with the ballot box to be sealed pending resolution of the status disputes.