The applicant union applied for certification in the construction industry.
The responding employer argued that section 8.1 of the Labour Relations Act, 1995 applied to the application, which would require the Board to determine the number of individuals in the bargaining unit before proceeding.
The union argued that section 8.1 does not apply to construction industry applications.
The Board engaged in a detailed statutory interpretation of the Act, concluding that the specific construction industry provisions conflict with and prevail over the general provisions in section 8.1.
The Board held that section 8.1 does not apply to construction industry applications.
