The applicant union withdrew its application for certification after a representation vote was held but before the ballots were counted.
The responding party argued that a one-year bar on subsequent applications should be imposed under section 7(10) of the Labour Relations Act, 1995.
The union argued the bar only applies if the ballots are counted.
The Board held that the plain meaning of 'after the representation vote is taken' in section 7(10) means after the employees cast their ballots, regardless of whether they are counted.
The Board imposed a one-year bar on any subsequent certification application by the union.