Representation vote ordered in certification application with directions to segregate ballots for disputed positions.
The applicant trade union applied for certification to represent employees of the responding party.
The responding party objected that other named responding parties had not been served and disputed the applicant's proposed bargaining unit, giving notice under section 8.1 of the Labour Relations Act, 1995.
The Ontario Labour Relations Board found the applicant to be a trade union and determined that at least forty percent of the individuals in the proposed bargaining unit were members.
The Board ordered a representation vote using the larger voting constituency proposed by the responding party and intervenor, with directions to segregate the ballots of employees in disputed positions and to seal the ballot box pending further order or agreement of the parties.
National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Central Park Lodges Ltd. Retirement Residences REIT, 2001 CanLII 7637