The applicant union applied for certification in the construction industry and a representation vote was held.
Only one of the two eligible employees voted, casting a ballot in favour of the union.
The responding employer sought to dismiss the application under s. 11(2) of the Labour Relations Act, 1995, alleging that the union misrepresented the voting time to the non-voting employee and exerted undue influence on the voting employee.
The Board found that the union's misrepresentation regarding the voting time was innocent and did not cause the employee to miss the vote.
The Board also found that the union's statements did not constitute threats or undue pressure.
Finally, the Board rejected the employer's argument that a vote with only one ballot cast is invalid, holding that the single ballot is determinative.
The union was certified.
