The employer filed an unfair labour practice complaint alleging irregularities in a second representation vote, including inadequate notice to eligible employees, intimidation by union representatives near the polling station, and improper inducement through the purchase of breakfast for employees.
The union brought a preliminary motion to dismiss the complaint for failing to make out a prima facie case.
The Board found that adequate notice was provided via a posted Notice of Vote, the mere presence of union representatives near the polling station without evidence of coercive statements did not constitute intimidation, and the purchase of breakfast amounted to acceptable salesmanship rather than improper inducement.
The Board dismissed the employer's complaint and directed that a certificate issue to the union.