The applicant union sought to terminate the bargaining rights of the incumbent union and apply for certification to represent employees at food-service outlets at Pearson International Airport.
The incumbent union had entered into voluntary recognition agreements with a new concession operator, which were ratified by the employees.
The applicant argued these agreements should be set aside under section 60(1) and section 46(4) of the Labour Relations Act.
The Board dismissed the applications, finding that the employees had freely ratified the agreements and that the incumbent union had established it represented a majority of the employees at the time the agreements were entered into.