The applicant trade union filed a displacement application for certification.
The intervenor objected to the application, arguing it should be dismissed due to alleged breaches of a court order, the Canadian Labour Congress Constitution, and the Board's Rules of Procedure, as well as being untimely under section 7(4) of the Labour Relations Act, 1995.
The Board dismissed the technical and constitutional objections and ordered a representation vote.
However, given the timeliness objection, the Board directed that the ballot box be sealed until the timeliness issue is resolved.
One Board Member dissented, stating a vote should not be ordered until the timeliness issues were resolved.