In an application for certification, a representation vote was held.
The intervener challenged the vote, arguing it lacked proper notice and that the two employees who voted were not performing bargaining unit work.
The Board found that the intervener was the author of its own misfortune regarding notice by walking out of a meeting.
However, the Board agreed that the two employees were not eligible to vote because they were performing clean-up and painting work, not insulation work, on the date of the vote.
The Board set aside the vote and ordered a new representation vote to be held when the respondent employs persons in the bargaining unit.