Pieceworkers using helpers to meet employer deadlines found to be dependent contractors for certification purposes.
The applicant union sought certification for a bargaining unit of carpenters employed by the respondent.
The respondent argued it had no employees in the unit, asserting the individuals were independent contractors or dependent contractors who employed helpers, thereby making them independent contractors.
The Board examined the relationship between the respondent and various piecework crews.
It found that some crews were independent contractors, while others were dependent contractors.
The Board held that the use of a helper by a pieceworker to meet the respondent's deadlines, rather than for entrepreneurial profit, did not preclude a finding of dependent contractor status.
The Board directed the issuance of certificates to the applicant.
Carpenters & Allied Workers Local 27 United Brotherhood of Carpenters and Joiners of America v. Alpa Wood Mouldings Company, a division of Alpa Lumber Inc., 1992 CanLII 6364
