Application for accreditation dismissed as applicant lacked representation evidence for a sufficient number of employers.
The applicant employers' organization sought accreditation as the bargaining agent for certain employers in the residential sector of the elevator construction industry.
The Board had to determine whether several employers should be included on the Schedule E list of employers, which required analyzing whether their work constituted 'construction' (repair) or 'maintenance'.
The Board found that the work of four challenged employers constituted construction work, bringing the total number of employers on the list to eleven.
Because the applicant only filed representation evidence for five of those eleven employers, the application for accreditation was dismissed pursuant to section 127(2) of the Labour Relations Act.
National Elevator & Escalator Association v. International Union of Elevator Constructors and its Local Unions 50, 90, and 96, 1991 CanLII 6051