The applicant union applied under section 95(2) of the Labour Relations Act for a determination of whether certain persons were employees of the respondent.
The respondent and intervener objected to the jurisdiction of the Board Officer to conduct an inquiry, arguing that there was no 'question' as to employee status since they conceded the persons were employees within the meaning of the Act, just not employees of the respondent.
The Board rejected this argument, holding that it has jurisdiction under section 95(2) to determine not only if a person is an employee, but also whether they are an employee of the specific employer party to the collective agreement.
The Board revised the Board Officer's appointment to inquire into whether the individuals are employees of the respondent.
