Employer said organizing campaign misled employees about potential benefits of unionization
A security company's attempt to challenge a union certification by arguing that overwhelming employee support proved misconduct has been dismissed.
The Nova Scotia Supreme Court decision clarifies the strict limits on employer challenges after certification votes are complete.
Justice Scott C. Norton ruled Jan. 7, 2026 that Paladin Security Group could not use either the certification vote results or subsequent collective bargaining difficulties as grounds to reconsider the Nova Scotia Labour Board's certification decision. The case involved security officers working at Nova Scotia Health Authority (NSHA) sites across the province.
With 157 of 179 employees (88%) voting in favour of CUPE Local 5479, Paladin argued the overwhelming majority supporting unionization demonstrated that CUPE's organizing campaign materials had misled employees about potential benefits, specifically suggesting they might be transferred to direct NSHA employment. The employer claimed this supposedly false promise skewed the vote results.
The Labour Board rejected this reasoning, noting Paladin sought to introduce "an inference, based on [the result of the vote count] that the employees were swayed by what it says were misrepresentations by the Union."
The court found the Board had already decided "from an objective standpoint" that CUPE's representations did not...
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