The applicant applied to terminate the bargaining rights of the responding trade unions.
The affiliated bargaining agent argued the application was untimely because the applicant served the application on it rather than directly on the employee bargaining agency.
The Board held that in the ICI sector of the construction industry, employees are represented by both the employee bargaining agency and the affiliated bargaining agent.
Therefore, delivery of the application to the affiliated bargaining agent within the prescribed time satisfied the requirements of section 63(3) of the Labour Relations Act, 1995.
Following a representation vote in which a majority opposed the union, the Board declared that the responding parties no longer represent the employees.
