The applicant, a working foreman, applied to terminate the respondent union's bargaining rights and circulated a petition signed by employees.
The Board first clarified a previous ruling, confirming that an agreement attempting to amend the bargaining unit in the provincial agreement is null and void under section 146(2) of the Labour Relations Act.
On the merits of the petition, the Board found that although the applicant was an employee in the bargaining unit and not excluded by section 1(3)(b), he was the sole representative of the employer on the job site for most of the time.
Consequently, the Board concluded that the employees would have perceived the applicant as a representative of the employer, rendering the petition involuntary.
The application for termination was dismissed.
A dissenting board member would have accepted the petition and directed a vote.
