The applicant union sought certification for employees working at Esso.
The employees were supplied by Best Personnel Services, a temporary personnel agency.
The core issue was whether Esso or Best was the true employer.
Applying the York Condominium factors, the Board found that Esso exercised fundamental control over the employment relationship, including direction, supervision, discipline, and determining when the employment relationship began and ended.
Consequently, the Board determined that Esso was the true employer for the purposes of the certification application.
