The applicant union sought certification for a bargaining unit of carpenters employed by the respondent.
The respondent and the intervener union argued the application was untimely because a valid collective agreement already existed between them covering the employees.
The Board examined the intervener's membership evidence for the employees at the time the agreement was signed.
Although one employee was in arrears on dues and suspended from some privileges, the Board found he remained a member for the purpose of establishing representation entitlement.
Finding that the intervener represented a majority of the employees when the agreement was entered into, the Board held the collective agreement was valid and acted as a bar to the certification application.
