Following a representation vote for union certification, the parties disputed whether five lead hands exercised managerial functions under section 1(3)(b) of the Labour Relations Act and whether two ballots were spoiled.
The Board found that four of the lead hands exercised only minor supervisory functions without effective control over the employment relationship and were included in the bargaining unit.
One lead hand, who had authority to discipline and suspend employees without prior consultation, was found to exercise managerial functions and was excluded.
The Board also upheld the Returning Officer's ruling that two ambiguously marked ballots were spoiled and should not be counted.