The applicant union filed complaints alleging the responding employers violated the Labour Relations Act by using replacement workers during a strike.
The employers objected that the union had not held a valid strike vote under subsection 73.1(2)2.
The union had conducted a single strike vote among employees of all employers bound by the terms of an unaccredited employers' association collective agreement.
The Board held that the voting constituency was improper because the employees did not all face the same prospect of a strike, as individual employers could withdraw from the association bargaining.
The applications were dismissed.
