The Power Workers' Union (PWU) brought applications for certification to displace the incumbent bargaining agents for construction employees at Ontario Hydro.
The Ontario Labour Relations Board first determined that the PWU must establish it is a 'trade union' within the meaning of section 126 of the Labour Relations Act (a construction trade union) to bring such applications.
After a lengthy hearing, the Board concluded that the PWU is not a construction trade union because it does not have a history of representing construction employees separate and apart from other employees, nor does it possess the established characteristics of a construction trade union.
Consequently, the PWU's applications for certification were dismissed.