Allen A. Morrow

The applicant union applied for certification to displace an incumbent union.

A group of employees filed a petition opposing certification long after the terminal date, requesting an extension due to alleged lack of information and delay in the proceedings.

The Board refused to extend the terminal date, emphasizing the need for a fixed point in time to ascertain employee wishes and noting that mere passage of time or change of heart does not justify an extension.

Furthermore, because the incumbent union had abandoned its bargaining rights, the Board declined to order a representation vote and granted outright certification based on the applicant's membership evidence.

The applicant trade union applied for certification for a unit of employees at the respondent's restaurant.

The incumbent union did not oppose the application and abandoned its bargaining rights.

An intervener union initially alleged employer support for the applicant but later withdrew its intervention and abandoned its opposition following a settlement.

The Board found that the applicant had established sufficient membership support and, given the withdrawal of the intervener and the lack of compelling evidence of employer support, exercised its discretion under section 7(2) of the Labour Relations Act to certify the applicant without a representation vote.