The applicant employee applied to terminate the bargaining rights of the respondent union.
The union argued the application was untimely and that the petition supporting it was not voluntary due to a history of employer unfair labour practices, including layoffs and contracting out, which created a chilling effect.
The majority of the Board found the application timely and the petition voluntary, noting the passage of time since certification and intervening events that could explain a change of heart.
A representation vote was ordered.
A dissenting Board member would have dismissed the application, finding the petition involuntary due to the cumulative chilling effect of the employer's prior violations of the Labour Relations Act.
