The applicant trade union applied for certification for a bargaining unit of plumbers and pipefitters employed by the respondent school board in the construction industry.
The respondent argued it was not an employer in the construction industry and that the work performed was maintenance, not construction.
The Board found that the respondent's program to replace obsolete radiators and thermostats constituted repair work, which falls within the definition of the construction industry under the Labour Relations Act.
The Board held that an employer whose principal business is not construction may still operate a business in the construction industry, and the applicant had sufficient membership support for certification.