The applicant union applied for certification as the bargaining agent for part-time graduate and research assistants at York University.
The Board had previously ruled in 1975 that these assistants were not employees under the Labour Relations Act.
The applicant argued that circumstances and the Board's approach had changed, citing a recent decision involving Carleton University.
The Board found that the graduate assistantship program at York was primarily a financial aid scheme to assist needy students and attract them to the university, rather than an employment relationship based on the university's dependency on their work.
The Board concluded that the assistants were not employees within the meaning of the Act and dismissed the application.
