J. A. Emond

The applicant union sought an interim order under section 92.1(1) of the Labour Relations Act to prohibit the employer and the union from engaging in economic sanctions, including strikes and lock-outs, pending the disposition of an application under section 7 to combine two bargaining units.

The parties were in a legal strike/lock-out position for the "outside unit", while the "office unit" had already ratified a tentative agreement.

The Board dismissed the request for an interim order, finding that the actions sought to be prohibited were lawful under the Act.

The Board concluded that the potential harm of not granting the order was outweighed by the unusual and intrusive effect such an order would have on the established collective bargaining process.

The applicant union applied for certification in the construction industry.

The parties disputed whether seven employees were in the bargaining unit on the application date.

Applying the Gilvesy test, the Board excluded three employees who spent the majority of their time as truck drivers and two who were not engaged in construction work on the application date.

However, the Board included two equipment mechanics who regularly performed repair work both on-site and in the shop, finding them commonly associated in their work with on-site employees under section 117(b) of the Labour Relations Act.

A representation vote was ordered.