The applicant union applied for certification and a pre-hearing vote was held, with the ballot box sealed pending the resolution of disputed matters.
The respondent and intervener challenged the applicant's trade union status, its jurisdiction to organize the employees under its Charter, and argued that a six-month bar imposed on a sister local should apply to the applicant.
The Board found the applicant to be a trade union within the meaning of the Labour Relations Act and held that it had jurisdiction to organize the employees.
The Board also determined that the applicant was a distinct entity from its sister local, and therefore the six-month bar did not apply.
The Board ordered the ballots to be counted.