The applicant union applied for certification and won a pre-hearing representation vote.
The Board required the applicant to prove its status as a trade union because its name differed slightly from the entity previously found to be a trade union, due to a merger of its parent international unions.
The majority of the Board held that the applicant could not rely on section 105 of the Labour Relations Act for prima facie proof of status because its name was not identical to the previously recognized entity.
However, upon reviewing the evidence, the Board found that despite the merger and the resulting change in its legal name, the applicant continued to operate with the same constitution, officers, and structure, and was therefore the same organization.
The Board concluded the applicant was a trade union within the meaning of the Act and issued an interim certificate pending the resolution of the bargaining unit composition.