The applicant union applied for certification to represent employees at a newly opened nursing home in Etobicoke.
The intervener union claimed it already represented the employees based on a voluntary recognition agreement with the employer.
The Board held that under section 60(1) of the Labour Relations Act, a voluntary recognition agreement that expands an existing bargaining unit to include new employees is subject to challenge if entered into before the employees are hired or aware of the union representation.
Since the intervener did not demonstrate majority support among the new employees at the time they were hired, the Board declared the intervener was not entitled to represent them, and the applicant's certification application was timely.
