I. Lear

The applicant union applied for certification and requested a pre-hearing representation vote.

Following the vote, the applicant sought to enlarge the bargaining unit description to include the industrial, commercial and institutional (ICI) sector, a claim it had previously withdrawn.

The respondent employer and intervener union objected to this expansion.

The Board held that while the expanded unit would normally be appropriate in a displacement application, the applicant could not change its position and enlarge the unit after the parties had met to review the employee list and the vote had been taken based on the narrower unit.

The Board determined the appropriate bargaining unit to be the narrower unit originally sought and directed a Labour Relations Officer to inquire into the list of eligible voters.