The applicant unions filed pre-hearing displacement applications for certification.
The intervener incumbent union argued the applications were untimely because the Inflation Restraint Act extended the existing collective agreements, thereby closing the 'open period' under the Labour Relations Act.
The Board held that section 13 of the Inflation Restraint Act extended the collective agreements beyond their normal expiry dates, rendering the applications untimely.
The Board also rejected the argument that this extension violated the freedom of association under the Charter of Rights and Freedoms.
The applications were dismissed.
