The applicants filed an application to terminate the union's bargaining rights.
The union argued the application was untimely under section 12(1) of the Hospital Labour Disputes Arbitration Act (HLDAA), as no first collective agreement had been reached.
The employer argued the application was timely under section 63 of the Labour Relations Act, 1995.
The Board found the application untimely, holding that under section 12(1) of HLDAA, an application to terminate bargaining rights can only be made during the open period of a collective agreement, which had not yet occurred.
The Board directed a hearing on whether section 12(1) of HLDAA violates section 2(d) of the Charter.