The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor.
The Board found that the applicant established sufficient membership support to warrant a representation vote.
The intervenor argued that a recent Superior Court injunction against individuals associated with the applicant precluded the vote, or alternatively, that the ballot box should be sealed.
The responding party also raised issues regarding the bargaining unit estimate under section 8.1 of the Labour Relations Act, 1995, and the timeliness of the application under section 67.
The Board ordered the representation vote to proceed but directed that the ballot box be sealed pending a hearing on the outstanding issues.
A partial dissent would have also explicitly relied on section 8.1(4) to seal the ballot box.