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Application to terminate bargaining rights dismissed; prior settlement precluded reliance on petition challenging union support.
The applicant sought to terminate the respondent union's bargaining rights under section 60 of the Labour Relations Act, challenging a voluntary recognition agreement.
The applicant attempted to rely on a Statement of Desire (petition) that had been filed during a previous, withdrawn certification application.
The Board held that a prior settlement agreement, which resolved the certification application and implicitly treated the petition as involuntary, precluded the applicant from relying on the petition in the current proceedings.
As the petition was deemed irrelevant and the union had majority membership support at the time of recognition, the application was dismissed.
