Workers paid on a piecework basis found to be employees, not independent contractors, for certification purposes.
The applicant union applied for certification for a unit of sheet metal workers employed by the respondent.
The parties disputed whether two workers were employees or independent contractors on the date of the application.
Applying the fourfold test, the Board found that the workers were employees paid on a piecework basis, as they did not have a chance of profit or risk of loss typical of independent contractors.
As the union had the requisite membership support, the Board issued certificates for the industrial, commercial and institutional sector and for all other sectors in the appropriate geographic area.
Local 47 Sheet Metal Workers' International Association v. Babco Plumbing Services Limited, 1985 CanLII 1107
