T. W. Sargeant

The applicant applied under section 63 of the Labour Relations Act, 1995 to terminate the bargaining rights of the responding party union.

The Board determined that the application was timely and that at least forty percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.

Accordingly, the Board directed that a representation vote be held among the eligible employees.

The applicant trade union filed an application for certification to represent a bargaining unit of security employees of the responding parties.

The Board found that the applicant is a trade union and that it appeared to have the requisite 40 percent membership support in the proposed bargaining unit.

The Board directed that a representation vote be held among the eligible employees.

The applicant filed an application alleging that the union breached its duty of fair representation under section 74 of the Labour Relations Act, 1995, regarding a 1997 grievance over a job bidding process.

The Board directed the applicant to file a reply explaining the nearly three-year delay in bringing the application.

The applicant failed to provide an explanation or specify the relief sought.

The Board exercised its discretion under section 96 of the Act to dismiss the application without a hearing, citing the unexplained extreme delay and the failure to plead facts establishing a prima facie case of arbitrary, discriminatory, or bad faith conduct by the union.