One-year bar imposed on union that withdrew certification application before second representation vote.
The applicant trade union sought to withdraw its certification application the day before a scheduled second representation vote.
The first vote had been nullified by the Board to protect the secrecy of a single segregated ballot.
The employer requested the imposition of a one-year bar on future applications under section 7(9) of the Labour Relations Act, 1995.
The Board found that the wishes of the employees had been effectively tested during the first vote and subsequent litigation over voter eligibility.
Consequently, the Board exercised its discretion to impose a one-year bar on the applicant.
Labourers' International Union of North America, Local 837 v. Metric Contracting Service Corporation, 1996 CanLII 11138
