The applicant applied to terminate the bargaining rights of the union under the non-ICI collective agreement.
The union argued that the applicant was not performing bargaining unit work on the application date, as he was primarily performing clean-up work in the employer's yard.
The Board found that the collective agreement's recognition clause referred to 'construction projects' and did not cover the yard work performed.
As the applicant was not performing bargaining unit work on the application date, the termination application was dismissed.
