The applicant trade union applied for certification.
The responding party proposed two bargaining units and gave notice under section 8.1 of the Labour Relations Act, 1995, contending the applicant's proposed unit was not appropriate.
The Board found that because the responding party agreed with the union's estimate of the number of persons in the proposed unit, the section 8.1 notice was not proper.
Finding sufficient membership support, the Board directed a representation vote, with ballots for employees of one of the legal entities to be segregated and counted separately pending a final determination on the appropriate bargaining unit.
A dissenting member would have delayed the vote or sealed the ballot box until the section 8.1 issues were resolved.