2 total
Union directed to proceed first with evidence to explain inactivity after multiple automatic renewals.
In a referral of a grievance in the construction industry, the responding party raised preliminary issues including the abandonment of bargaining rights.
The responding party argued that because the collective agreement had automatically renewed nine times without union contact, the evidentiary burden shifted to the union to explain its inactivity.
The Board agreed, directing the applicant union to proceed first with its evidence regarding both the existence of the collective agreement and the abandonment issue.
Certification application dismissed after representation vote favoured the intervenor union.
The applicant union applied for certification.
A representation vote was held, and the parties agreed to count nine of the 11 ballots cast.
All nine ballots were cast in favour of the intervenor union.
As not more than fifty per cent of the ballots were cast in favour of the applicant, the application for certification was dismissed.
