The applicant union filed an application for certification to displace the incumbent union.
During the application process, the employer and the incumbent union negotiated and signed a renewal collective agreement.
The applicant argued that this violated the statutory freeze under section 81(2) of the Labour Relations Act and constituted unlawful employer support under section 49.
The Board held that the statutory freeze does not suspend the duty to bargain between an employer and an incumbent union.
The negotiation and conclusion of a renewal agreement do not, in and of themselves, violate the freeze or constitute unlawful employer support.
The application for certification was dismissed as untimely.
