The applicant filed an application for a declaration terminating the respondent union's bargaining rights.
The union argued the application was untimely because a collective agreement, executed after the application was filed, had a retroactive duration clause that covered the date of the application.
The Board held that the timeliness of a termination application is determined at the time it is filed.
A collective agreement signed subsequent to the application cannot retroactively render it untimely.
The application was found to be timely and a representation vote was directed.
