At its meeting of 12 October, 2005, the Board revised its Policy Circular dated 20 November, 2002, as indicated in italics below:

REPRESENTATION VOTES

At its meeting of 20 November, 2002, having considered: (1) the increasing number of disputes between the parties relating to the voting entitlement of employees who are absent from the workplace on the date of the vote, and (2) the statutory mandate to conduct votes within five (5) days of receipt of an application for certification or revocation of certification; the Board adopted the following policy:

1. Agreement of the Parties

   Where the parties agree, and the Board approves, persons absent from the workplace on the date of the vote shall be entitled to cast a ballot, and the Board will send ballots by mail or by whatever means the Board deems appropriate to persons identified by the parties.
    

2. Exceptional Circumstances

Where the Board determines that exceptional circumstances exist, ballots will be sent by mail or by whatever means the Board deems appropriate. For example, in the construction industry, where the Board adheres to the date of the application as the operative date for the purpose of determining A employee@ status, the Board will send ballots by mail or by whatever means the Board deems appropriate to employees who worked on the date of the application but were no longer working for the employer on the date of the vote.

This circular replaces the Policy Circular dated 20 November, 2002.

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