The applicant trade union applied for certification under the construction industry provisions of the Labour Relations Act, 1995.
After a representation vote was taken, the applicant sought to withdraw the application because one of the two individuals who cast ballots exercised managerial functions.
The issue was whether a one-year bar should be imposed under section 7(10) of the Act.
The applicant argued that section 7(10) did not apply to construction industry certification applications.
The Board held that section 7(10) applies because there is no conflict between it and the construction industry provisions.
The Board granted leave to withdraw the application and imposed a one-year bar on further applications by the union for the proposed bargaining unit.
