The applicant trade union was previously certified to represent construction labourers employed by the respondent in all sectors, including the industrial, commercial and institutional (ICI) sector.
In a subsequent decision involving the same applicant, the Board determined that the applicant was an affiliated bargaining agent and therefore could not lawfully represent employees in the ICI sector except in specific trades, nor could it enter into a collective agreement for the ICI sector.
The Board reconsidered its original decision in this case based on written submissions.
The Board found that the original certificate authorized the applicant to do something unlawful.
As there were no employees outside the ICI sector on the application date, no appropriate bargaining unit existed.
The Board exercised its discretion to revoke the certificate.