The applicant union applied for certification.
The Ontario Labour Relations Board found the applicant to be a trade union and determined the appropriate bargaining unit based on the parties' agreement.
Finding that at least 40% of the individuals in the proposed unit were union members, the Board ordered a representation vote.
Although the responding party gave notice under section 8.1 of the Labour Relations Act, 1995, it agreed to count the ballots, and the notice was deemed numerically irrelevant.
The majority ordered the vote without sealing the ballot box.
A dissenting member argued the vote should not proceed or the ballot box should be sealed until the section 8.1 issues were resolved.