During a union certification process, a representation vote was held.
One employee cast a ballot on the day of the vote, despite having given notice that she would terminate her employment the following day.
The employer and a group of objecting employees challenged the vote's outcome, arguing the resigning employee should not have been eligible to vote.
The Ontario Labour Relations Board upheld the vote, finding that the employee met the two-pronged eligibility rule of being employed both on the date the vote was ordered and the date it was taken.
The Board declined to depart from its established voter eligibility rules, noting the need for certainty and finality in the certification process.