The applicant trade union applied for certification to represent employees of the respondent.
The respondent and the incumbent union (Intervener #1) argued the application was untimely under section 61(2) of the Labour Relations Act because a conciliation officer had been appointed.
The applicant argued the incumbent union had abandoned its bargaining rights through inaction, rendering the conciliation appointment a nullity.
The Board held that in the face of the clear wording of section 61(2), it would not go behind the conciliation appointment based on alleged de facto abandonment.
The application was dismissed as untimely.
