The applicant filed an application for a declaration that the respondent union no longer represented the part-time employees.
A similar application had been dismissed by the Board less than a month prior.
The Board applied the Trinidad Leaseholds principle, balancing the employees' right to test the union's support against the need for stability in collective bargaining.
Finding no special circumstances, the Board exercised its discretion under section 92(2)(i) of the Act to refuse to entertain the successive application, allowing the union a reasonable opportunity to pursue collective bargaining.
