Jamtice Johntston

In an application for certification, the employer and objecting employees challenged the applicant's status as a trade union and the validity of its membership evidence.

The Board found the applicant to be a trade union within the meaning of the Labour Relations Act, 1995, despite the absence of original charters from 1911.

The Board also dismissed a request to reconsider its earlier decision directing a representation vote, holding that the membership evidence was sufficient to establish an appearance of 40 percent support.

Finally, the Board permitted the union to raise a post-vote challenge to the employment status of two individuals, and directed further submissions on the remaining voter eligibility disputes.