Linda Gordon

The applicant union applied for certification to displace the incumbent union.

The responding employer argued the application should be dismissed because the applicant failed to deliver Form C-1 in a timely fashion as required by Rule 67.

The Board relieved against the strict application of the Rules under Rule 44, finding the deficiency was marginal, was cured quickly, and caused no actual prejudice.

The Board also addressed the incumbent's concerns about poll locations, noting the vote margin made the issue moot.

The parties agreed on the bargaining unit description, and the Board certified the applicant union following its victory in the representation vote.

The employer and the incumbent union filed a joint application for early termination of their collective agreement.

A rival union, the CAW, sought to intervene, objecting to the termination without an open period as it was conducting an organizing campaign.

The applicants argued the CAW's intervention was improperly served and that it had not proven it represented employees.

The Board allowed the intervention, finding the CAW had a real interest and had presented satisfactory evidence of representation.

To preserve employees' statutory rights to change their bargaining agent, the Board granted the early termination but imposed a three-month open period.