Wayne McKay

The objectors sought to set aside the results of a representation vote in a union certification application, alleging irregularities including improper challenges to voter eligibility, electioneering by union supporters, and intimidation near the polling area.

The Ontario Labour Relations Board dismissed the objections, finding that the segregation of a challenged ballot followed standard procedure and did not compromise ballot secrecy.

The Board also found that the alleged electioneering and the presence of a union supporter near the polling area did not violate any specific Board direction, destroy the secrecy of the vote, or prevent the vote from revealing the true wishes of the employees.

The applicant union applied for certification.

A group of objecting employees filed petition cards expressing opposition to the union.

The union challenged the voluntariness of these petition cards, arguing they were tainted by an earlier petition circulated in circumstances that might have created a perception of management involvement.

The majority of the Board found that the employer's behaviour was restrained and there was no evidence of management involvement in the origination or circulation of the petitions.

The Board concluded the petition cards represented a voluntary expression of employee wishes and directed a representation vote.

One Board member dissented, finding the second petition tainted by the flaws of the first.