The applicant filed an application to terminate the respondent union's bargaining rights.
The union had previously applied for a direction to settle a first collective agreement by arbitration, which was granted by another panel of the Board.
The Board held that under section 40a(22) of the Labour Relations Act, it must consider the applications in the order it deems appropriate, and if it grants one, it must dismiss the other.
The Board determined it was appropriate to consider the first contract application prior to the termination application.
Since the first contract application was granted, the termination application was dismissed.