The applicant union sought certification, and a representation vote was held.
The respondent employer and objecting employees alleged that the union's president breached the Registrar's 'silent period' direction by speaking to employees waiting to vote.
Although there was no direct evidence of what was said, the union president did not testify to explain his conduct.
The Board drew an adverse inference, concluded the direction was likely contravened, and set aside the vote, ordering a new representation vote.
