The applicant union applied for certification in the construction industry.
The respondent employer argued that two employees were working illegally under the Immigration Act and should not be counted, and that the union's membership evidence was tainted by misrepresentation and intimidation.
The Board held that immigration status is irrelevant to employee status under the Labour Relations Act.
However, based on evidence that a union organizer threatened an employee with job loss if he did not join, the Board found sufficient doubt about the membership evidence to order a representation vote.
One Board member dissented, arguing that the employer's illegal conduct and the lack of employee complaints should have led to automatic certification.