Edward Kaplanis

The applicant union applied for certification.

The intervener union sought intervener status, claiming it represented employees in the bargaining unit.

The Board considered whether dues check-off lists constitute membership evidence for intervener status, the appropriate time for determining representation, and when membership evidence must be filed.

The Board found that the intervener submitted adequate evidence of representation in a timely manner and granted it status to participate as an intervener.

The applicant union applied for a right of access to the respondent employer's remote highway construction site under section 11 of the Labour Relations Act for organizing purposes.

The parties agreed on most terms of access but disputed the effective date and whether union representatives must sign a waiver of liability.

The Board ordered immediate access, rejecting the employer's request for a delay until the owner could be present.

The Board also held that the statutory right of access should not be conditional on waiving liability for potential injury or loss, noting that union representatives had agreed to abide by safety regulations.

A dissenting board member would have required the waiver, arguing that the employer should not bear the potential costs of union organizing activities.