The applicant trade union applied for certification to represent employees at a retail store.
During the organizing drive, the employer engaged in a campaign that included daily meetings and managers repeatedly questioning employees about the union.
Crucially, management refused to answer employee questions about whether the store would close if the union was successful, which the Board found intentionally fueled employee fears for their job security.
The Board concluded that this conduct violated section 70 of the Labour Relations Act, 1995, and that the resulting representation vote did not reflect the true wishes of the employees.
The Board certified the union pursuant to section 11 of the Act.