Raymond Gary Colautti

The applicant trade union applied for certification in the construction industry.

An employees' association sought to intervene but failed to provide written evidence that employees had applied for membership, leading the Board to deny it status.

The respondent employer argued the application should be barred because the applicant had recently withdrawn a similar application.

The Board declined to impose a time bar, finding no evidence that the withdrawal was an attempt to avoid a representation vote defeat.

The Board determined the appropriate bargaining unit and referred the matter to a Board Officer to inquire into the list and composition of the unit.

The applicant union applied for certification.

A group of employees filed petitions objecting to the certification.

The Board found that the union had submitted sufficient membership evidence (over 55%) to be certified without a vote, and that the overlap between the petition signatures and the membership evidence was insufficient to cast doubt on the union's majority support.

The objectors raised late allegations of coercion and intimidation regarding the collection of membership evidence.

The Board refused to entertain the late allegations, noting they lacked timely particulars and relied on hearsay.

The Board granted the application and issued a certificate.