The applicant employee applied to terminate the union's bargaining rights under section 57 of the Labour Relations Act.
The application was supported by a petition signed by employees.
However, the petition was initiated and circulated by a working foreman who had supervisory responsibilities and was perceived to have the authority to recommend discipline.
The Board found that due to the foreman's significant involvement, the petition could not be accepted as a voluntary expression of the employees' wishes.
The application for decertification was therefore dismissed.