The employer filed a complaint alleging that the union engaged in an unlawful strike by failing to sign a collective agreement after employees allegedly voted to accept the employer's final offer under section 40 of the Labour Relations Act.
The union challenged the Board's jurisdiction to determine voter eligibility for the section 40 vote, arguing only the Minister could do so.
The Board ruled that it has the exclusive jurisdiction to adjudicate complaints under the Act and therefore has the authority to determine voter eligibility questions arising from a section 40 vote in order to dispose of the unlawful strike complaint.
