The complainant union (CLAC) sought a declaration that a collective agreement between the respondent union (SEU) and the employer was void insofar as it granted voluntary recognition for geographic areas where the employer had no facilities or employees.
CLAC argued this constituted unlawful employer support designed to give SEU an organizing advantage.
The Board dismissed the application as premature, holding that it will not decide hypothetical questions or issue declarations regarding future rights where no employees are currently affected.