The applicants sought a declaration under section 58 of the Labour Relations Act that the respondent union no longer represented the employees, alleging that a supervisor was involved in the union's organizing drive and intimidated employees into signing membership cards.
The Board dismissed the application without an inquiry into the merits, finding that the allegations, even if true, did not constitute fraud within the meaning of section 58.
The Board noted that such allegations of employer involvement and intimidation could be filed under other sections of the Act, but would raise concerns of timeliness.
