The applicant trade union filed a second application for certification after withdrawing its first application to avoid a potential representation vote due to a dispute over the inclusion of three employees.
The responding employer argued this was a manipulation of the Board's processes and requested the Board impose a bar on the application or order a representation vote.
The Board declined to impose a bar, finding no special or extreme circumstances, and refused to order a vote, noting that the union's actions were not improper and any limitation on objecting employees resulted from the operation of the Labour Relations Act, not the union's conduct.
An interim certificate was issued.