Representation vote ordered in displacement certification application; employer's timeliness and section 8.1 objections dismissed.
The applicant trade union filed a displacement application for certification for employees currently represented by the intervenor.
The Board found that the applicant appeared to have the requisite 40% membership support in the proposed bargaining unit.
The responding party argued the application was untimely due to the appointment of a conciliation officer, but the Board held it was timely because the collective agreement had not yet expired.
The Board also dismissed the responding party's section 8.1 notice as there was no dispute over the number of employees or the core bargaining unit description.
A representation vote was ordered.
National Automobile, Aerospace, Transportation and General Woarkers Union of Canada (CAW-Canada) v. The Corporation of the Township of Terrace Bay, 2000 CanLII 7521