The applicant union sought certification for a construction industry bargaining unit of labourers employed by the respondent property management company.
The respondent argued it was engaged in maintenance, not construction (repair) work, and thus the construction industry provisions did not apply.
The Board applied the Master Insulators test to distinguish maintenance from repair work.
It found that while work at one parking garage was preventative maintenance, the extensive concrete demolition and resurfacing at a second garage constituted repair and therefore construction work.
As the respondent employed persons to perform construction work on the application date, the Board granted the application and issued a certificate.
