Union certified without a vote; anti-union petition rejected due to circulator's perceived managerial authority.
The applicant union sought certification for a unit of construction operators and drivers.
A group of employees filed a petition opposing the union, which, if voluntary, would normally prompt a representation vote.
The Board found that the employee who circulated the petition had recently been promoted to a 'working foreman' position, complete with a white hard hat and a company truck.
Because he circulated the petition while exercising these new managerial trappings and in the presence of actual management, the Board concluded that employees would reasonably perceive him as acting on behalf of the employer.
The petition was therefore given no weight, and the union was certified without a vote.
International Union of Operating Engineers, Local 793 v. Camaro Enterprises Limited, 1992 CanLII 6372
