The applicant union applied for certification.
The respondent employer argued that the Board's '30-30 rule' should not be applied to exclude certain laid-off employees from the bargaining unit, alleging the union intentionally timed its application to exclude them.
The Board held that the union's reliance on the 30-30 rule was not an abuse of process and that the laid-off employees lacked a sufficient nexus to the workplace at the time of the application.
The Board applied the 30-30 rule, excluding the laid-off employees from the bargaining unit, and scheduled further hearings to address the employer's allegations regarding membership evidence.
