The applicant union applied for certification to represent two crane operators employed by the respondent.
The intervener union and the respondent argued that the crane operators were already covered by the intervener's 'all-employee' collective agreement.
The Board found a latent ambiguity in the scope clause of the intervener's collective agreement and looked to the parties' past practice, which unequivocally showed that crane operators had been excluded from the agreement for over 20 years.
The Board determined that the proposed bargaining unit was appropriate and, as the applicant had the requisite membership support, ordered that a certificate issue.
