The applicant trade union applied for certification to represent employees of the responding party.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to direct a representation vote.
The Board directed a vote and ordered that ballots of individuals in disputed positions be segregated.
The dissenting member would have directed the ballot box to be sealed pursuant to section 8.1(4) of the Act.