The applicant union filed an application for certification.
The responding party failed to file a timely response under the Board's Rules of Procedure, delivering it late and without a list of employees.
The applicant brought a preliminary motion to preclude the responding party from challenging the status of the persons who voted in the representation vote, relying on previous Board jurisprudence.
The Board dismissed the preliminary motion, distinguishing the prior case law because the responding party asserted that the individuals listed by the applicant were not its employees at all.
The Board held that it would be inappropriate to allow strangers to determine a certification application, and directed that the status issues be litigated.
