During a representation vote between OSSTF and CUPE, 13 segregated ballots remained uncounted.
OSSTF alleged that the parties had agreed not to count these ballots and that CUPE committed an unfair labour practice by contacting the segregated voters after the vote to ask how they voted, thereby breaching the secrecy of the ballot.
OSSTF sought a new vote or an order that the ballots not be counted.
The Board found no agreement existed to discount the ballots.
The Board also held that CUPE's post-vote inquiries, while perhaps unwise, did not violate the Labour Relations Act or compromise the integrity of the balloting process such that the voters should be disenfranchised.
The Board directed that the segregated ballots be counted.
