Cheryl Elliot

The applicant sought a declaration terminating the respondent union's bargaining rights.

Although 15 of 30 employees initially signed a petition against the union, two subsequently signed a counterpetition reaffirming their support before the assessment date.

The Board held that it must consider the last voluntary signification of wishes as of the assessment date.

Consequently, the applicant failed to demonstrate that at least 45 percent of the employees in the bargaining unit no longer wished to be represented by the union.

The application was dismissed, with one Board Member dissenting.

The complainants, employees of The T. Eaton Company Limited, alleged that the respondent union violated the Labour Relations Act by failing to hold a ratification vote before accepting a collective agreement.

The union, facing a prolonged strike and the potential loss of bargaining rights, had its International President ratify the agreement after conducting a back-to-work vote among striking employees only.

The Board found that the union did not act in bad faith or violate its duty of fair representation, as it was not legally obligated to hold a ratification vote and acted to protect its bargaining rights.

The complaints were dismissed.