J. J. Slaughter

The applicant union requested a new representation vote after losing the initial vote, arguing that the ballot was defective because its name appeared only in English, despite the ballot otherwise being bilingual.

The Board dismissed the request, finding that the applicant had reviewed the sample ballot prior to the vote, chose not to object to avoid delaying the vote, and signed a waiver of objection after the vote.

The Board applied its established policy that a party cannot 'lie in the bushes' and challenge a vote's regularity only after learning it lost.

The applicant union applied for certification under the construction industry provisions of the Labour Relations Act.

The intervener union raised its existing bargaining rights as a bar to the application.

The Board had to determine whether the respondent employer, which primarily performs soil and rock drilling for consulting engineering firms, was an employer in the construction industry.

The Board found that the respondent's work takes place well prior to the construction process and is not done in connection with an ongoing construction project.

Consequently, the respondent was not engaged in a business in the construction industry, and the application was dismissed.