The applicant applied to terminate the respondent union's bargaining rights.
The union argued the application was untimely because it had given notice to bargain to the successor employer following the sale of the business.
The Board held that under section 55(10) of the Labour Relations Act, a notice to bargain given to a successor employer has the same effect as a certification, meaning no termination application can be made for one year.
The application was dismissed as untimely.
A dissenting member would have found the application timely.
