The applicant union applied for certification to represent employees at Ontario Hydro's nuclear energy facilities, seeking to carve them out of an existing province-wide bargaining unit represented by the intervener.
The applicant requested a pre-hearing representation vote under section 8 of the Labour Relations Act.
The Board refused the request, finding that the proposed bargaining unit was highly complex, uncertain, and a departure from the established province-wide collective bargaining relationship.
The Board concluded that the appropriateness of the bargaining unit must be determined before any representation vote could be reliably conducted.