The union applied for certification but withdrew its application prior to a representation vote after reviewing the employer's response, which indicated a significantly larger bargaining unit than the union had estimated.
The employer requested that the Board impose a one-year bar on the union under section 7(9) of the Labour Relations Act, 1995, arguing the application was a mere reconnaissance.
The Board declined to impose a bar, noting its practice is to permit withdrawals prior to a vote without a bar except in rare circumstances of multiple applications.
The Board found no prejudice to the employer and noted that imposing a bar would be counterproductive given that the application would likely have been dismissed under section 8.1 without a bar had it proceeded to a vote.