The applicant trade union applied for certification to represent employees of the responding party.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The majority of the Board found that the numerical difference between the parties was not significant and that the applicant had established sufficient membership support to obtain a representation vote.
The Board ordered a representation vote and directed that ballots of individuals in disputed positions be segregated.
One Board member dissented, arguing that section 8.1(4) required the ballot box to be sealed.