Following a representation vote under the Public Sector Labour Relations Transition Act, 1997, a dispute arose over whether a ballot marked with both a shaded circle and an 'X' was spoiled.
The Board applied the test from National Starch and Chemical Co., finding that the voter's choice was clearly indicated and the voter's identity was not disclosed.
The ballot was counted in favour of OPSEU.
Based on the vote results and the parties' agreement, OPSEU was appointed as the bargaining agent, and the bargaining rights of the other unions were terminated.