The applicant union applied for certification to represent owner/operators of trucks engaged by the respondent construction companies.
The central issue was whether these owner/operators were 'dependent contractors' under the Labour Relations Act or independent contractors.
The Board examined the economic relationship between the owner/operators and the respondents, noting that the owner/operators worked for many different companies, derived only a small percentage of their income from the respondents, owned their own vehicles, and exhibited entrepreneurial initiative.
The Board concluded that the owner/operators were not in a position of economic dependence on the respondents and were therefore independent contractors.
The applications for certification were dismissed.
