K. G. 0'Neil

The union applied for certification of a bargaining unit of employees at a greenhouse.

The employer argued the application should be deferred until the fall harvest season when the workforce would be significantly larger due to the seasonal nature of the business.

Intervening employees alleged that the union's membership evidence was collected using intimidation and misrepresentation regarding job security and seniority.

The Board declined to defer the application, finding the workforce at the time of application was sufficiently representative of the core regular employees.

The Board also dismissed the allegations of improper conduct, finding no material misrepresentation or coercion that would cast doubt on the voluntariness of the membership evidence.

A certificate was issued to the applicant.

The applicants, employees of a construction company, applied to terminate the bargaining rights of the respondent union.

The union moved to dismiss the application on the basis that the named applicant was not at work on the application date and therefore lacked standing.

The Board dismissed the motion, finding that the application was brought on behalf of all petitioners, not just the named applicant.

The Board also found that the petition supporting the application was voluntary, despite the presence of family members of the owners at the meeting where signatures were collected, because a secret ballot was held and signatures were kept confidential.

A representation vote was ordered.

One Board member dissented, arguing that the application should have been dismissed because the union was entitled to know the identity of the applicants.