Rene Brixhe

The applicant union applied for certification.

A group of employees objected, arguing that section 8(4) of the Labour Relations Act violated the Charter and that the Board's interpretation of the certification application date denied natural justice.

The Board refused to hear the Charter argument because the objectors failed to notify the Attorneys General.

The Board rejected the natural justice arguments, following its previous decision in Hemlo Gold Mines Inc. The Board also declined to exercise its discretion to order a representation vote, finding no compelling reasons to do so given the union's clear majority support.

The union was certified as the bargaining agent.

The applicant trade union applied for certification to represent employees of the respondent.

The respondent and the incumbent union (Intervener #1) argued the application was untimely under section 61(2) of the Labour Relations Act because a conciliation officer had been appointed.

The applicant argued the incumbent union had abandoned its bargaining rights through inaction, rendering the conciliation appointment a nullity.

The Board held that in the face of the clear wording of section 61(2), it would not go behind the conciliation appointment based on alleged de facto abandonment.

The application was dismissed as untimely.