The applicants filed a termination application to displace the Teamsters as their bargaining agent.
A representation vote was held, and the majority voted against the Teamsters.
The Teamsters alleged that the applicants did not meet the 40% threshold for the application and filed an unfair labour practice complaint alleging intimidation and coercion by the Labourers union, which supported the applicants.
The Board held that it could not revisit the 40% threshold issue, as it had already been determined without a hearing pursuant to s. 63(8) of the Labour Relations Act.
The Board also dismissed the unfair labour practice complaint, finding that the allegations did not establish a prima facie case of intimidation or coercion that would vitiate the representation vote.
The termination application was granted.
