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Service contract between guards' union and USWA constitutes affiliation precluding certification under section 12.
The applicant trade union applied for certification to represent security guards employed by the respondent.
The respondent raised a preliminary objection under section 12 of the Labour Relations Act, arguing that the applicant was affiliated with the United Steelworkers of America (USWA), an organization that admits non-guards to membership.
The Board examined a Service Contract between the applicant and the USWA, which provided for the USWA to supply support services, office space, and organizing assistance in exchange for a portion of union dues.
The Board concluded that the close relationship established by the Service Contract constituted a direct or indirect affiliation within the meaning of section 12, precluding certification unless the applicant's subsequent Charter challenge succeeds.
