The applicant trade union applied for certification in the construction industry.
A representation vote was held, but the ballots were segregated due to disputes over voter eligibility.
The employer argued that four employees who were not at work on the application date because they took 'lieu time' should be eligible to vote, urging the Board to depart from its established 'date of application' policy.
The Board reviewed its historical approach and the purposes of the Labour Relations Act, 1995, concluding that the transient nature of the construction industry still justified restricting voter eligibility to those at work on the application date.
The Board also determined that a disputed individual was hired prior to the application date and was therefore an eligible voter.
A dissenting Board member would have allowed the four employees to vote.
