The applicant trade union applied for certification.
The employer gave notice under section 8.1 of the Labour Relations Act, 1995, disputing the union's estimate of the number of employees in the proposed bargaining unit.
The majority of the Board found the numerical difference between the parties was not significant and ordered a representation vote to be taken and counted.
Board Member Ronson dissented, arguing that section 8.1(4) required the ballot box to be sealed when an employer gives such notice.