Grant E. Black

The applicant's son was fatally injured in a motor vehicle accident.

The applicant applied for death benefits from the insurer, claiming his son was a dependant.

The arbitrator found that the son, who had a history of receiving welfare benefits, short-term jobs, and incarcerations, was not principally dependent for financial support on his father at the time of the accident.

The claim for death benefits was dismissed, but the applicant was awarded his expenses for the arbitration proceeding.

The applicant union applied for certification.

A group of employees filed a timely petition opposing the certification, which included signatures of some employees who had previously signed union membership cards.

The Board held a hearing to determine whether the petition represented a voluntary change of heart.

The Board found that while some signatures were voluntary, others were obtained after the employer made statements implying that unionization would lead to job losses.

Consequently, the Board discounted the involuntary signatures.

Even accepting the voluntary signatures, the union retained the support of more than 55% of the bargaining unit.

The Board therefore granted certification without a representation vote.