Two unions filed competing applications for certification with respect to overlapping but non-congruent bargaining units of employees of the respondent in the construction industry.
The Board considered how to exercise its discretion under section 103(3) of the Labour Relations Act.
Finding that a representation vote involving the overlapping units could lead to contradictory results and fail to ascertain the true wishes of the employees, the Board directed the second applicant to either amend its proposed bargaining unit to match the first applicant's unit or have its application deferred until the final disposition of the first application.
