The applicant union filed an application for certification and an unfair labour practice complaint.
After losing the initial representation vote, the union brought a motion alleging the employer breached the statutory freeze provisions under section 86(2) of the Labour Relations Act, 1995.
The employer had advised employees of an existing benefit plan shortly before the vote, which the employees were previously unaware of.
The Board found that bringing the benefit plan to the employees' attention effectively altered their conditions of employment, violating the statutory freeze.
Consequently, the Board ordered a second representation vote pursuant to section 11 of the Act.
