The applicant filed an application to terminate the bargaining rights of the respondent union.
The issue was whether the applicant met the 45% threshold of employees in the bargaining unit.
The union argued that 13 persons whose employment was terminated due to subcontracting should be counted if their pending grievance succeeded.
The employer argued for the 30/30 rule, which would exclude them.
The Board held that under section 1(2) of the Labour Relations Act, the terminated individuals should be treated as employees if reinstated by the arbitration board.
The matter was adjourned pending the release of the arbitration award.
