The applicant filed a complaint alleging that the union violated section 74(4) of the Labour Relations Act by failing to conduct a strike vote by secret ballot.
The union raised a preliminary motion to dismiss the complaint due to undue delay.
The Board found that the applicant was aware of the alleged irregularities at the time of the vote but delayed filing the complaint for nearly two months, during which time the union and employer relied on the strike mandate and commenced a strike.
The Board concluded that the delay was significant and unexplained, and exercised its discretion to dismiss the application without inquiring into the merits.
