The employer applied for a declaration terminating the union's bargaining rights for a unit of security guards under the transitional provisions of the Labour Relations Act, 1995.
As a preliminary issue, the employer argued that the doctrine of issue estoppel applied based on a 1994 Board decision between the same parties that found a conflict of interest existed.
The majority of the Board dismissed the preliminary objection, finding that while the facts had not changed, the statutory context and the legal test for conflict of interest had materially changed under the new legislation.
The matter was referred to the Registrar to schedule a hearing on the merits.
One Board member dissented.
