The applicant trade union applied for certification to represent a bargaining unit of employees at Markham Hydro Electric Commission.
The union filed membership evidence demonstrating support from more than 55% of the employees.
However, a group of employees filed a petition objecting to the certification, which would normally prompt the Board to order a representation vote if found to be voluntary.
The Board determined that the petition was not a voluntary expression of employee wishes because it was prepared and circulated on company time, using company resources, and in the presence of a management foreman, creating a perception of management involvement.
The Board disregarded the petition and granted certification without a vote.
One Board member dissented, arguing that a secret ballot vote should have been ordered.
