The applicant trade union applied for certification to displace the incumbent union.
The incumbent union had previously given notice to extend the collective agreement under section 35 of the Social Contract Act, 1993.
The Board found that the notice to extend was valid and extended the collective agreement to March 31, 1996.
As a result, the application for certification was untimely because it was filed when no open period was present for the extended collective agreement.
The application was dismissed.