The union filed a certification application but withdrew it before a representation vote upon learning the employer had more employees than anticipated.
The Board permitted the withdrawal without imposing a bar.
The employer sought reconsideration, arguing that section 7(9) of the Labour Relations Act, 1995 mandates a bar upon withdrawal.
The Board held that section 7(9) grants discretion to determine whether to impose a bar and its length.
Finding no abuse of process and that employee wishes had not yet been tested, the Board declined to impose a bar.
A certificate was issued in the union's subsequent successful application.
