Following a successful representation vote and certification of the Canadian Paperworkers Union, the intervener union requested that the Board revoke the certificate or order a new vote.
The intervener alleged that the applicant union distributed a forged legal opinion to employees prior to the vote.
The Board found that while a union representative had fabricated the letter, it did not constitute fraud under section 58 of the Labour Relations Act because it was not a representation made to the Board.
The Board declined to reconsider its decision or order a new vote, concluding that the contents of the letter did not deprive employees of their ability to exercise their critical faculties.