The applicant union brought an application alleging a sale of business from Ameri-Cana Motel Limited to a numbered company, seeking to bind the numbered company to the provincial collective agreement.
The respondents argued the union had abandoned its bargaining rights, which were originally obtained by certification in 1972.
The Board found that the union failed to take reasonable steps to monitor the employer's construction activities between 1973 and 1977, despite the employer operating from a fixed location where ongoing construction was visible.
Consequently, the Board concluded the union had abandoned its bargaining rights prior to the advent of province-wide bargaining in 1978, and dismissed the application.