Frank Inglis

The applicant employees filed an application for termination of bargaining rights.

The responding party union objected on the basis that the application was untimely under section 67(3)(a) of the Labour Relations Act, 1995, because a lawful strike was ongoing.

Although a memorandum of agreement had been signed and most employees had returned to work, 20 employees remained off work pursuant to the strike on the application date.

The Board found that a strike was still in effect and that the statute does not require a complete cessation of work or disruption for a strike to continue.

The Board dismissed the application as untimely.

The applicant employees filed an application for termination of bargaining rights.

The responding union objected on the basis that the application was untimely under section 67(3) of the Labour Relations Act, 1995.

A vote was held and the ballot box was sealed.

Following a hearing, the Board orally dismissed the application as untimely and directed that the ballots be destroyed without being counted.

Written reasons were to follow.