Is there any error in indicating a number of employees who have indicated a wish to no longer be represented by the responding party?
Ontario, Canada
The following excerpt is from Wylie v Canadian National Federation of Independent Unions, Local 3028, 2014 CanLII 13525 (ON LRB):
8. Finally, in Bailey v. Canadian Auto Workers Union Local l688, supra, the issue was an erroneous indication of the number of employees who had indicated a wish to no longer be represented by the responding party. The responding party submits this is a less significant error than the failure to indicate any number. I am not persuaded this is the case. Arguably, the reverse is true, in that an erroneous number misleads the responding party, whereas in this instance, the responding party was aware there was an issue, which it had an opportunity to address.
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