The applicant union sought certification for a unit of millwrights employed by the respondent in Ontario.
The application was opposed on the basis that a subsisting collective agreement existed between the respondent and an intervening union (Lodge No. 126), which was headquartered in Illinois.
The applicant argued that Lodge No. 126 lacked status as a trade union in Ontario because it had no permanent presence in the province, and that its agreement could not be a valid collective agreement.
The Board held that an organization need not have a permanent presence in Ontario to be a trade union, provided it is a viable organization capable of carrying out trade union functions in the province.
The Board found Lodge No. 126 met this definition and that its agreement with the respondent was a valid collective agreement covering Ontario.
Consequently, the application for certification was dismissed as untimely.
