The applicant union applied for certification and challenged the status of the intervener union, arguing it was no longer a trade union, had abandoned its bargaining rights, and was subject to employer interference.
The Board found that although the intervener had not strictly followed its constitution, it continued to operate as a trade union.
The Board also found that the intervener had maintained a sufficient collective bargaining relationship with the respondent employer, and there was no evidence of employer participation in its administration.
As a valid collective agreement existed between the respondent and the intervener, it constituted a bar to the application.
The application was dismissed.
