The applicant trade union applied for certification to represent employees of the responding party.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and proposed a different unit, giving notice under section 8.1 of the Labour Relations Act, 1995.
The Board found that the applicant's proposed bargaining unit could be appropriate but could not be absolutely certain that the 40 percent membership threshold was met in that unit.
The Board ordered a representation vote and directed that the ballot box be sealed pending resolution of the dispute.
A dissenting Board member agreed that the ballot box must be sealed under section 8.1(4) of the Act.