The applicants filed an application to terminate the bargaining rights of the responding union.
The union alleged that the employer initiated the application or engaged in threats, coercion, or intimidation, and requested the Board dismiss the application under section 63(16) of the Labour Relations Act, 1995.
The Board found that the lead petitioners openly used company resources, including the boardroom and working hours, to solicit signatures for the decertification petition.
The Board concluded that the employer's toleration and cooperation communicated explicit support for the application, which significantly facilitated its success.
Finding that the employer initiated the application, the Board exercised its discretion to dismiss it.
