N. B. Satteifield

The applicant employers' organization applied for accreditation in the construction industry under section 125 of the Labour Relations Act.

The Board found that the applicant was a properly constituted employers' organization and that the proposed unit of employers was appropriate for collective bargaining.

The Board determined that the applicant represented a majority of the employers in the unit, who in turn employed a majority of the employees affected.

Although all statutory requirements for accreditation were met, the Board withheld the issuance of the certificate pending a determination on whether it would continue its practice of compiling a Final Schedule 'F' of employers.

The applicant filed an application to terminate the bargaining rights of the respondent union.

The union brought a preliminary motion to dismiss the application as untimely, arguing that the initial application form failed to describe the bargaining unit and was only corrected after the open period had expired.

The Board dismissed the union's motion, finding that the application, when read with its accompanying documents, clearly intended to cover all employees for whom the union held bargaining rights.

The Board emphasized substance over form, noting that the application was filed in a timely manner and the defect in form did not invalidate it.

The Board extended the terminal date to allow for proper notice to be served regarding both the full-time and part-time bargaining units.

The applicants applied to terminate the bargaining rights of the respondent union.

The union filed a counter-petition signed by employees who wished to continue being represented by the union, which included signatures of employees who had previously signed the applicants' petition.

The applicants alleged the counter-petition was not voluntary due to perceived employer support and undue influence by the union.

The Board found no evidence of employer support for the counter-petition and concluded the union's conduct did not impair the employees' ability to voluntarily express their wishes.

As the voluntary counter-petition reduced the applicants' support below the required 45 per cent, the application was dismissed.