The applicant sought a declaration terminating the respondent union's bargaining rights.
Although 15 of 30 employees initially signed a petition against the union, two subsequently signed a counterpetition reaffirming their support before the assessment date.
The Board held that it must consider the last voluntary signification of wishes as of the assessment date.
Consequently, the applicant failed to demonstrate that at least 45 percent of the employees in the bargaining unit no longer wished to be represented by the union.
The application was dismissed, with one Board Member dissenting.
