The applicant union filed an application for certification to displace the intervener union.
The intervener requested that the Board dismiss the application under section 103(2)(i) of the Labour Relations Act because a previous application by the applicant had been dismissed.
The Board noted that the previous application was dismissed due to a technical defect—the failure to file a Form 9 declaration—and that no assessment of employee wishes had occurred.
Balancing the competing interests, the Board declined to impose a bar and dismissed the intervener's motion.
