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.
