Robert M. Sloan

In an application for certification, the applicant trade union requested advance disclosure of the employer's Employee List prior to the scheduled meeting with a Labour Relations Officer.

The employer agreed to provide the list only if the union provided its Form 9 declaration concerning membership documents in return.

The Board declined to order immediate advance disclosure, holding that its current 'Waiver' process—whereby the list is provided to the union by a Waiver Officer after the parties' positions on the bargaining unit description are identified—adequately balances the union's need for preparation time with the employer's concerns about tactical advantages and gerrymandering.

Separate concurring and dissenting opinions were issued by the Board Members.

The union applied for certification of a bargaining unit of employees at two Midas Muffler locations.

The employer and objectors challenged the union's membership evidence because the receipts lacked the collector's signature, and the objectors filed petitions opposing certification.

The Board held that the membership evidence was valid despite the technical defect, as oral evidence confirmed the collector's identity and the payment of the initiation fee.

The Board also found that the petitions were not voluntary, as they were circulated by employees perceived to be aligned with management and amidst rumours of job losses if the union was certified.

The Board granted the certification application without a representation vote.

One Board member dissented.