Representation vote set aside and new vote ordered due to employer acting as his own scrutineer.
The applicant union sought certification under section 7a of the Labour Relations Act, or alternatively a new representation vote, following a lost vote.
The union alleged employer misconduct, including a physical altercation and threats, and irregularities in the vote's conduct, notably the employer acting as his own scrutineer.
The Board found the employer's conduct did not warrant automatic certification under section 7a.
However, the Board set aside the representation vote and ordered a new one, concluding that the employer's presence as a scrutineer, combined with previous threats and the seating arrangements during the vote, made it unlikely that the ballot accurately reflected the employees' true wishes.
Canadian Union of Fast Food and Service Workers v. The Great Canadian Pizza Company, 1980 CanLII 955