Certification application dismissed as no employees performed bargaining unit work for a majority of the application date.
The applicant union applied for certification under the construction industry provisions of the Labour Relations Act.
The respondent argued it was not an employer in the construction industry, as the assembly of retail store displays was not construction work.
The Board found it unnecessary to decide whether the work was construction work.
Applying the 'majority of time' test, the Board determined that the two employees in question did not spend a majority of their time on the date of application performing the assembly and installation work.
As there were no employees in the proposed bargaining unit on the date of application, the application was dismissed.
United Brotherhood of Carpenters and Joiners of America, Local Union 27 v. 162706 Canada Inc., (Eddie Bauer), 1989 CanLII 3005