Application to terminate bargaining rights dismissed as untimely due to deemed one-year term of collective agreement.
The applicant filed an application under section 57 of the Labour Relations Act to terminate the respondent trade union's bargaining rights.
The collective agreement was signed on April 8, 1986, and stated to expire on August 31, 1986.
The application was filed on August 8, 1986.
The Board found that under section 52(1) of the Act, a collective agreement for a term of less than one year is deemed to operate for one year from its commencement.
Therefore, the agreement's operation was extended to April 8, 1987.
As the application was not filed within the last two months of the deemed one-year term, it was dismissed as untimely.
Cindy Gallagher v. United Food and Commercial Workers International Union (Local 175), 1986 CanLII 1475
