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Union certified without a representation vote; post-application employee petitions excluded under the Labour Relations Act.
The United Steelworkers of America applied for certification as the bargaining agent for employees of Hemlo Gold Mines Inc. A group of employees intervened, seeking to file petitions opposing the union after the application filing date.
The intervenors argued that the Board's rules regarding the certification application date and notice to employees violated the rules of natural justice and the Charter of Rights and Freedoms.
The Board dismissed the intervenors' motions, finding that the Labour Relations Act clearly established the application filing date as the certification application date, and that the statutory provisions did not violate the Charter.
The Board also dismissed a motion alleging a reasonable apprehension of bias.
Finding that over 55% of the employees in the bargaining unit had applied to become members of the union on or before the certification application date, the Board certified the union without a representation vote.
