Application to terminate bargaining rights dismissed as untimely because no collective agreement had been concluded.
The applicants filed an application under section 57 of the Labour Relations Act for a declaration terminating the respondent union's bargaining rights.
The respondent argued the application was untimely under section 12 of the Hospital Labour Disputes Arbitration Act and section 57 of the Labour Relations Act.
The Board found that because the employer is a hospital and a conciliation officer had been appointed, an application for termination can only be made during the open period of a collective agreement.
As no collective agreement had yet been concluded, the application was untimely.
The Board dismissed the application without a hearing pursuant to Rule 71.
Pamela Nadine Stewart, Mary John Gow, Shirley Emma Campbell, Donna Jean Whitehead, Phyllis Isabel McNeil and Margaret Edith Lyle v. The Ontario Nurses' Association, 1983 CanLII 887
