The applicant sought an exemption from paying union dues on religious grounds, arguing that her anti-abortion beliefs conflicted with the union's pro-choice policy.
The trade union opposed the application as untimely under section 47(2) of the Labour Relations Act, since the applicant was not employed when the first collective agreement requiring dues deduction was entered into.
The applicant argued the Human Rights Code should override the Act to prevent constructive discrimination.
The Board dismissed the application, finding it untimely and affirming that the Human Rights Code does not have primacy over the Labour Relations Act.