The applicants sought a new representation vote, alleging the employer committed unfair labour practices by denying union leave to SEIU members to campaign for OSSTF while granting leave to CUPE members, and allowing CUPE to campaign on school time.
The Board dismissed the request for a new vote on a preliminary motion, finding that even if the allegations were true, the conduct amounted to a loss of opportunity to influence voters rather than conduct that would overwhelm employees' ability to express their true wishes in a secret ballot.
