The applicant filed a second application to terminate the union's bargaining rights shortly after a previous application was dismissed.
The union requested the Board to exercise its discretion under section 103(2)(i) of the Labour Relations Act to refuse to entertain the new application.
The Board balanced the competing policy objectives of employee free choice and stability in collective bargaining.
Noting that the parties were in the process of negotiating a renewal collective agreement and had not had a reasonable opportunity to conclude one, the Board declined to entertain the second application.
The Board also held that allegations of a breach of the duty of fair representation should be addressed through an unfair labour practice complaint rather than by permitting a successive termination application.
