The applicant union sought certification for an all-employee bargaining unit.
A representation vote was held, and the results hinged on the ballots of a group of workers paid by a temporary employment agency but working at the responding party's premises.
Following the vote, both parties reversed their positions on whether these workers were employees of the responding party.
The Board applied the K Mart criteria and determined that the responding party was the true employer, as it exercised overriding day-to-day control.
The Board refused to allow the responding party to propose a new, separate bargaining unit for the agency workers after the vote, finding the single all-employee unit appropriate.
A certificate was issued.
