The applicant union applied for certification and a representation vote was held.
Following an unfair labour practice complaint, the parties entered into Minutes of Settlement agreeing to a second vote, but the union reserved the right to challenge the eligibility of two employees hired after the application date on the basis that they were not employed in the 'representative period'.
The Board held that the term 'representative period' is a term of art referable to the application date.
Consequently, the two challenged employees were not entitled to vote in the second representation vote.
