Joe Almeida

During a hearing for a union certification application and unfair labour practice complaint, an issue arose regarding the witnessing of union membership cards.

The union requested the Board not inquire further into the issue.

The Board ruled it would hear evidence on the witnessing of the cards but declined to conduct a broad inquiry into the Form A-4 declaration, citing the need to protect the secrecy of membership evidence under section 113 of the Labour Relations Act.

The Board also admitted new evidence from objecting employees regarding additional cards, despite late disclosure, but adjourned that portion to allow the union time to prepare.

The applicant union applied for certification.

The respondent employer argued the application was barred by a prior voluntary recognition agreement entered into by the parties.

The Board held that while section 5(3) of the Labour Relations Act precludes another trade union from applying for certification within one year of a recognition agreement, it does not prevent the voluntarily recognized union itself from applying for certification.

The Board noted that voluntary recognition does not confer the same statutory rights as certification, such as the right to compel bargaining or access conciliation.

Therefore, the application was not barred.