S. 0 'Flynn

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 applicant union brought an application under section 63 of the Labour Relations Act, alleging a sale of a business occurred when the respondent corporation purchased all the shares of the employer.

The Board found that the transfer of shares left the corporate employer intact and did not constitute a sale of a business within the meaning of the Act.

The application was dismissed, with the Board noting that the union's bargaining rights and collective agreement with the original employer remained in effect.

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.