In an application for certification, a representation vote was held but no ballots were cast because the employees were not on the job site.
The applicant union failed to object or request a new vote until almost three months later, well past the deadline.
The Board held that the test for timeliness of objections is whether, with reasonable diligence, the factual basis would not have come to the objector's attention before the deadline.
Finding that the applicant failed to exercise reasonable diligence, the Board denied the request for a new vote and dismissed the application.
