Board declined to order representation vote while timeliness of termination application remained in dispute.
The applicants applied for a declaration terminating the respondent union's bargaining rights.
The union argued the application was untimely because a collective agreement had been concluded, an issue that was the subject of a separate, ongoing unfair labour practice complaint.
The applicants and the intervener employer requested that the Board direct a representation vote and seal the ballot box pending the resolution of the timeliness issue.
The Board declined to order a vote, citing concerns about jurisdiction, employee expectations, and the potential labour relations impact of holding and later nullifying a vote.
The matter was adjourned pending the determination of the related complaint.
Employees of 598142 Ontario Limited carrying on business as Spooners' Restaurant v. The Retail, Wholesale and Department Store Union, Local 448, 1993 CanLII 7821