The applicant union and respondent employer disputed the eligibility of three individuals who cast segregated ballots in a representation vote.
The parties agreed at the hearing to count the first ballot.
The Board ordered the second ballot counted because the employee had been reinstated with full compensation in a related unfair labour practice proceeding, entitling him to participate in the vote.
The Board ruled the third ballot should not be counted because the employee had been transferred out of the bargaining unit for an indefinite period prior to the date the vote was taken, failing the Board's two-pronged voter eligibility rule.
