The complainant union filed a complaint alleging contraventions of the Labour Relations Act.
The central issue was whether the union had abandoned its bargaining rights for part-time employees.
Although the original 1974 certificate and successive collective agreements did not explicitly exclude part-time employees, the collective agreement had never been applied to them.
The union had not collected dues from part-time employees or applied seniority, grievance, or health and welfare provisions to them.
The Board found that the union had abandoned its bargaining rights for part-time employees through disuse and failure to assert those rights over many years.
