Board orders representation vote in displacement application for certification and declines to seal ballot box.
The applicant union filed a displacement application for certification to represent employees currently represented by the intervenor union.
The responding party employer disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The Board found that the applicant established sufficient membership support for a representation vote and directed that a vote be held.
The Board declined to seal the ballot box, deferring the employer's objections regarding the bargaining unit description and defective forms to a post-vote hearing.
One Board Member dissented, arguing that section 8.1(4) required the ballot box to be sealed and that the voting constituency should be limited to the scope clause in the current collective agreement.
National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) v. Sysco Foodservice of Ontario, 2001 CanLII 15740