Sharon C. Laing

The applicant employer applied to terminate the respondent union's bargaining rights under section 65(1) of the Labour Relations Act, 1995, arguing the union failed to give notice to bargain after the collective agreement expired.

The employer had previously closed its facility and terminated all employees in the bargaining unit.

The Board dismissed the application, finding that the union's failure to give notice to bargain when there were no employees in the unit did not constitute an abandonment of bargaining rights.

The applicant union applied for certification.

The responding party employer argued that the union did not have the requisite 40% support because the membership evidence was dated more than six months prior to the application date.

The Board held that it may properly have regard to membership evidence signed between six months and one year prior to the application date.

The Board found that not less than 40% of the individuals in the proposed bargaining unit were members of the union and directed a representation vote.

A dissenting board member argued that untimely membership evidence should not be cured through a representation vote.

The applicant trade union filed an application for certification.

The intervenor argued the application was untimely under section 28(2) of the Public Sector Labour Relations Transition Act, 1997, as it was filed during the 10-day period following a request for an order under section 22.

The applicant contended that 'days' should be interpreted as 'working days', excluding weekends and holidays.

The Board held that in the absence of a statutory qualification limiting the period to working days, 'days' means calendar days.

Consequently, the application was dismissed as untimely.