The applicant trade union applied for certification to represent equipment operators employed by the respondent in the construction industry.
The union filed membership evidence for more than 55% of the employees in the bargaining unit.
The respondent employer requested that the Board exercise its discretion to direct a representation vote, arguing that there was an impending build-up of the workforce, that employees were not told the membership documents would be used for certification, and that the union misrepresented the effects of certification.
The Board rejected these arguments, noting its practice in the construction industry of not considering future workforce build-ups, and finding no fundamental misrepresentation or coercion by the union.
The Board declined to direct a vote and certified the union outright.
