The union applied for certification to represent carpenters employed by the newly amalgamated Greater Essex County District School Board.
The school board argued the application was barred by the Public Sector Labour Relations Transition Act, 1997, which restricted the geographic scope of the union's successor bargaining rights to the City of Windsor.
The Board held that the successor rights provisions did not bar a regular certification application to expand bargaining rights.
The Board also found that recent amendments excluding school boards as 'non-construction employers' did not apply retroactively to this pending application.
The Board determined the appropriate bargaining unit, excluding employees outside the ICI sector already covered by subsisting agreements, and referred the matter to resolve the voters' list.