The applicant union applied for certification to displace the incumbent union representing police officers at the University of Toronto.
The incumbent union and the employer argued that the application was untimely because their collective agreement had been extended pursuant to the Social Contract Act.
The Board held that the Social Contract Act does not explicitly or implicitly protect incumbent bargaining agents from displacement applications during the open periods defined in the Labour Relations Act.
The Board concluded that the application was timely and directed that the ballots cast in the pre-hearing representation vote be counted.
