The applicant employees filed an application to terminate the bargaining rights of the responding party union.
The union raised a preliminary objection that the application was untimely under section 12(1) of the Hospital Labour Disputes Arbitration Act, arguing that an application can only be brought during the open period of a collective agreement, and no first collective agreement had yet been reached.
The union also argued the issue was res judicata based on a prior Board decision.
The employer argued the application was timely and raised a Charter challenge to section 12.
The Board declined to order a representation vote in the face of the timeliness objection and directed the parties to file further submissions on the timeliness, res judicata, and Charter issues before determining how to proceed.