The applicant union filed a displacement application for certification.
The Board found that the applicant established sufficient membership support to warrant a representation vote.
The responding party disputed the applicant's estimate of the number of employees in the proposed bargaining unit and gave notice under section 8.1 of the Labour Relations Act, 1995.
The responding party and intervenor also raised issues regarding the timeliness of the application and the effect of a recent Superior Court injunction.
The Board ordered a representation vote but directed that the ballot box be sealed pending a hearing on the timeliness and injunction issues.
One Board member dissented in part, arguing that section 8.1(4) independently required the ballot box to be sealed.