Morton Adelson

Following a successful motion by the defendants, the court determined the issue of costs.

The defendants sought costs of both the motion and the underlying action.

After reviewing the parties' written submissions, the court held that the defendants were entirely successful and entitled to costs on a partial indemnity basis.

The court fixed costs payable by the plaintiff to the defendants in the amount of $3,500 plus GST.

The employer applied under section 59 of the Labour Relations Act for a declaration that the respondent union no longer represented the bargaining unit employees, arguing that 70% of the employees no longer wished to be represented by the union.

The union opposed the application, noting that it had not failed to bargain and had recently applied for conciliation.

The Board found that section 59 is designed to protect against a union that fails to exercise its bargaining rights, not to monitor union support.

The Board also declined to use its reconsideration powers under section 106(1) to terminate bargaining rights based on events occurring after certification, emphasizing the need for finality and stability in labour relations.

The application was dismissed.