The Labourers' International Union of North America, Local 183 applied for certification to displace the United Brotherhood of Carpenters and Joiners of America, Local 27 as the bargaining agent for carpenters employed by various carpentry contractors in the low-rise residential housing industry.
The primary issue was whether pieceworkers and their helpers were employees of the carpentry contractors.
The Board found that pieceworkers who employ more than one helper exercise fundamental control over those helpers and are therefore the employers of the helpers.
Furthermore, the Board held that such pieceworkers are independent contractors, not dependent contractors, and are excluded from the bargaining units.
The Board also determined that certain foremen exercised managerial functions under section 1(3)(b) of the Labour Relations Act.
Based on these findings, the Board dismissed the certification application regarding Westroyal Carpentry Ltd. as the applicant lacked the requisite membership support, and directed further meetings for the E. M. Carpentry application.