Second representation vote ordered after a segregated ballot was inadvertently opened, revealing an employee's choice.
During a union certification representation vote, a segregated ballot was inadvertently opened, revealing an employee's choice.
The employee, who was related to management, subsequently faced pressure from the employer and requested a new vote.
The union argued that the employer's knowledge of the employee's support would impede a free second vote and requested certification under section 7a of the Labour Relations Act.
The Ontario Labour Relations Board ordered a second representation vote, emphasizing the paramount importance of the secret ballot and finding that the isolated family flare-up did not justify certification without a vote.
Service Employees Union, Local 204 v. Daheim Nursing Home Limited, 1980 CanLII 947