Pre-hearing representation vote directed in certification application; ballot boxes sealed pending resolution of bargaining unit disputes.
The applicant union filed an application for certification and requested a pre-hearing representation vote.
The parties disputed the appropriate bargaining unit and whether the application was a displacement application, as the applicant argued the intervener did not have a valid collective agreement with the respondent employer.
The Board directed that the pre-hearing representation vote be taken without delaying to resolve the disputes, in accordance with its standard practice.
The Board ordered that the ballot boxes be sealed and challenged ballots segregated pending further direction.
International Union of Bricklayers and Allied Craftsmen, Local 2, Ontario v. 419990 Ontario Ltd. c.o.b. as A.B.S. Masonry, 1992 CanLII 6328