Board rules ballots with clear marks in 'no' space are not spoiled and directs hearing on employee status.
The union applied for certification and filed an unfair labour practice complaint against the employer.
Following a representation vote, the employer challenged two ballots as spoiled.
The Board ruled the ballots were not spoiled, as they clearly indicated the voters' choice without identifying them.
The Board also directed a hearing to determine the employee status of three team leaders, finding that written representations were insufficient to resolve the issue.
Union of Needletrades, Industrial and Textile Employees, AFL-CIO, CLC v. GMA Cover Corporation, 1998 CanLII 18382