The applicant, along with four other sheet metal workers employed by Culliton Brothers Limited, applied to terminate the bargaining rights of the Ontario Sheet Metal Workers' Conference.
The union argued that because the employees were not union members, they were not 'employees in the bargaining unit' as defined by the collective agreement, and therefore lacked status to bring the application under section 57(2) of the Labour Relations Act.
The Board held that the employees, who were swept into the province-wide bargaining scheme by operation of law under section 137(2), were employees in the bargaining unit despite not being union members.
The Board distinguished previous cases involving illegal hiring, noting these employees pre-existed the extension of bargaining rights.
A representation vote was directed.
One Board member dissented, arguing the application was untimely as the employees were not members of the bargaining unit as defined in the collective agreement.