The applicant union referred a grievance to the Board under section 126 of the Labour Relations Act.
The responding employer sought to lead evidence that the union had abandoned its bargaining rights.
The union raised preliminary objections, arguing that the issue of abandonment was res judicata based on a prior Board decision and that abandonment cannot occur during the initial term of a collective agreement.
The Board dismissed the preliminary objections, finding that the prior decision did not determine the abandonment issue and that abandonment could theoretically occur during an initial term.
The hearing was directed to proceed on the merits of the abandonment issue.
