The applicant union sought certification for two bricklayers employed by the respondent municipality.
The respondent argued it was not an employer in the construction industry and that the employees were maintenance workers covered by an existing collective agreement.
The Board found that the employees spent the majority of their time performing construction work, not maintenance.
The Board also held that the municipality, by undertaking construction work on its own behalf, operated a business in the construction industry.
The existing collective agreement was found not to cover construction work.
Certification was granted.
