The union applied for certification and filed an unfair labour practice complaint regarding an employer's campaign letter distributed prior to a representation vote.
The vote resulted in a 60-60 tie.
The union alleged the letter violated a prior settlement agreement prohibiting communications indicating victory or defeat in a previous discharge complaint, thereby constituting undue influence under section 56 of the Labour Relations Act.
The majority of the Board dismissed the application and complaint, finding the employer's letter did not breach the settlement agreement and fell within the parameters of acceptable employer response to union propaganda.
A six-month bar on further certification applications was imposed.
One Board member dissented, arguing the letter breached the settlement and warranted a second vote.
