The applicant filed an application for termination of bargaining rights less than one year after the respondent union was certified.
The respondent raised a preliminary objection that the application was premature under section 57(1) of the Labour Relations Act.
The applicant argued that section 61(3)(a) modified the one-year period because six months had elapsed since the commencement of a legal strike.
The Board held that the one-year protection period under section 57(1) is a minimum that cannot be shortened by section 61(3), and dismissed the application as premature.
