Henry Kobryn

The applicant trade union applied for certification.

The employer and a group of objecting employees challenged the initial certification, leading to a Divisional Court order remitting the matter to the Board.

The Board considered a statement of desire opposing the union and a counter-petition reaffirming union support.

The Board found it had jurisdiction to consider the counter-petition and that it was voluntary.

The Board held that the statement of desire was not a reliable indicator of voluntary employee wishes because the employer had suggested the name of the lawyer assisting the objecting employees.

Finding that over 55% of employees supported the union, the Board declined to order a representation vote and issued a certificate.