The applicant trade union applied for certification to represent employees of the responding party.
The Board found that the applicant is a trade union and that at least 40% of the proposed bargaining unit were members.
The Board directed a representation vote.
The employer gave notice under section 8.1 of the Labour Relations Act, 1995, but the majority found it numerically irrelevant and declined to seal the ballot box.
A dissenting Board member would have sealed the ballot box based on a plain reading of sections 8 and 8.1.