Representation vote ordered in certification application with disputed ballots segregated; dissent on sealing ballot box.
The applicant union applied for certification.
The responding employer disputed the union'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 the numerical difference was not significant and ordered a representation vote, directing that ballots of part-time employees and other disputed positions be segregated.
Board Member Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed.
National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Samuel Automotive, Division of Samuel Son & Co. Limited, 2001 CanLII 18171