The applicant employee sought a declaration terminating the respondent union's bargaining rights under section 59(1) of the Labour Relations Act, alleging the union failed to give notice to bargain within sixty days following certification.
The union conceded the notice fell outside the sixty-day period but provided evidence of its active involvement in representing the employees, including filing unfair labour practice complaints and preparing complex bargaining proposals for the taxi industry.
The Board found the union had not 'slept' on its rights and was actively fulfilling its obligations.
The application was dismissed.
