The applicant union filed an application for certification shortly after an affiliated union lost a representation vote for the same full-time bargaining unit.
The incumbent union argued the Board should exercise its discretion not to entertain the application.
The Board found that the second application was essentially an attempt to have a second vote because the employees wanted to be represented by the same union as the part-time unit.
The Board exercised its discretion under section 111(2)(k) of the Labour Relations Act, 1995 to refuse to entertain the application, allowing the incumbent union the opportunity to exercise its mandate.
