The applicant applied to terminate the respondent union's bargaining rights.
The Board first determined that the application was timely, finding that an early notice to bargain under section 45 of the Labour Relations Act was effective to terminate the collective agreement on its nominal expiry date, despite not complying with the agreement's specific notice provisions.
However, the Board dismissed the application because it was not satisfied that the employee petition was voluntary.
The Board found that the employer's anti-union conduct, including refusing to adhere to the collective agreement, unilaterally introducing benefits, and granting a wage increase immediately prior to the petition, created an atmosphere where employees could not freely express their wishes.
