The United Brotherhood of Carpenters and Joiners of America applied for certification to represent carpenters employed by Intracorp Developments Ltd. Intracorp and the intervenor, Local 183, argued the application was barred by a voluntary recognition agreement they had previously signed.
The Carpenters alleged the agreement was invalid because Intracorp had employees in the bargaining unit at the time who were not represented by Local 183, claiming that labourers supplied by a personnel agency (CPS) were actually Intracorp employees.
The Board applied the York Condominium factors and found that CPS, not Intracorp, was the true employer.
Consequently, there were no employees in the bargaining unit when the agreement was signed, making it a valid pre-hire agreement under the Nicholls-Radtke exception.
The application for certification was dismissed as untimely.
