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Board prioritized first contract arbitration over a termination application filed after hearings were substantially complete.
The union applied for a direction to settle a first collective agreement by arbitration.
After the hearing concluded but before the decision issued, an application to terminate the union's bargaining rights was filed.
The Board issued its decision directing arbitration without being aware of the termination application.
Upon reconsideration, the Board determined that it was appropriate under section 40a(22) of the Labour Relations Act to consider the first contract application before the termination application, given that the first contract hearing was substantially complete.
The termination application was therefore dismissed.
