Mary McArthur

The individual employees filed an application alleging that the union announced false results for a ratification vote, claiming that 79 employees swore affidavits stating they voted against ratification, despite the union reporting only 39 votes against.

The union brought a motion to dismiss the application without hearing evidence, arguing that allowing post-vote evidence would undermine the secret ballot process mandated by the Labour Relations Act.

The Ontario Labour Relations Board dismissed the union's motion, deciding that given the unprecedented nature and seriousness of the fraud allegations, it would hear the employees' evidence before determining the legal and policy implications.

The objecting employees and the employer challenged the validity of a ratification vote conducted by the union.

The ballot presented a choice between accepting the employer's offer or rejecting it and authorizing a strike.

The applicants argued that this compound ballot violated the Labour Relations Act, 1995 by failing to provide a clear 'yes' or 'no' choice on ratification alone.

The Ontario Labour Relations Board dismissed the challenge, holding that the Act does not mandate a simple 'yes' or 'no' ballot and that the combined ratification/strike ballot is a realistic collective bargaining choice that does not prevent employees from expressing their true wishes.