Robert I. Herman

The applicant union applied for certification.

The parties agreed on the bargaining unit description.

The union demonstrated membership support of 55.3 percent.

Employee objectors argued that 'more than 55 percent' under section 7(2) of the Labour Relations Act required at least 56 percent, and alternatively requested a representation vote due to alleged intimidation from recent parking lot vandalism.

The Board held that any fraction over 55 percent is sufficient for automatic certification.

The Board declined to order a representation vote, finding the vandalism allegations too remote to establish a chilling effect.

A certificate was issued to the applicant.