The applicant employee sought to terminate the respondent union's bargaining rights under section 59 of the Labour Relations Act, alleging the union failed to give notice to bargain within 60 days of certification.
The union had met with employees and agreed to delay bargaining until a pattern settlement was reached with other employers in the area.
The Board found that the union had not slept on its rights, as the delay was intentional, bona fide, and agreed upon by the employees present at the meeting.
The application was dismissed.