In an application for certification, both the applicant union and the intervener union requested a pre-hearing representation vote.
The Board had previously deemed the intervener's application to have been made on the same date as the original application.
The intervener argued that its membership support should be assessed as of its actual intervention date, as it gathered significant support after the original application date.
The Board rejected this argument, holding that the deemed application date applies for assessing membership support under section 9(4) of the Labour Relations Act.
Consequently, the intervener lacked the requisite 35% support and its application was dismissed.
A two-way vote between the applicant and a 'no union' option was ordered.
