Local union's purported withdrawal from international union ruled ineffective for lacking secret ballot vote.
A preliminary motion was brought to determine whether Local 73 had properly withdrawn from its parent International Union.
The Board applied the standard from a prior court decision, finding that the constitution and by-laws implicitly required rigorous notice and secret ballot voting procedures for a withdrawal to be valid.
Because the local union members voted by a show of hands rather than a secret ballot, the purported withdrawal was ineffective at law.
Consequently, the successorship application was dismissed, and the certification and combination applications were directed to proceed in the name of Local 73 under the International's trusteeship.
Hospitality, Commercial and Service Employees Union, Local 73 v. Hillside Townhouses Limited, 1995 CanLII 9944