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Application to terminate bargaining rights dismissed as applicant failed to prove petition was voluntary.
The applicant employee sought to terminate the bargaining rights of the respondent union.
The union argued the application was untimely and should be postponed pending the resolution of outstanding unfair labour practice complaints against the employer.
The Board found the application timely and declined to postpone the hearing.
However, on the merits, the Board dismissed the application, finding that the applicant failed to establish that the statement of desire (petition) was voluntary, particularly given the history of employer unfair labour practices and the applicant's failure to call the key employee who originated the petition to testify.
Representation vote ordered; working foreman's petition to terminate bargaining rights found voluntary despite supervisory role.
The applicant, a working foreman, applied to terminate the respondent union's bargaining rights.
The union argued the statement of desire was involuntary because the applicant exercised supervisory functions, leading employees to perceive management involvement.
The Board found no actual management involvement and concluded that employees would likely view the applicant as acting in his own self-interest rather than on behalf of management.
The Board ordered a representation vote.
A dissenting member would have dismissed the application, finding the petition involuntary due to the applicant's perceived managerial authority.
