The applicant union filed an application for certification during the open period of the intervenor's expired collective agreement with the responding party employer.
The intervenor subsequently gave notice under the Social Contract Act to revive and extend the expired collective agreement, and argued this retroactively closed the open period and rendered the certification application untimely.
The Board dismissed the intervenor's objection, holding that the Social Contract Act does not manifest a clear legislative intent to operate retroactively to interfere with vested representation rights or invalidate an application that was timely when filed.
The Board directed that the ballots cast in the pre-hearing representation vote be counted.
