The applicant applied to terminate the union's bargaining rights.
A dispute arose over the number of employees in the bargaining unit, specifically whether temporary agency workers should be included.
The Board found that despite the 'all employee' description in the collective agreement, neither the union nor the employer ever intended for agency workers to be part of the bargaining unit.
The Board concluded that agency workers are not employees in the bargaining unit for the purposes of section 57 of the Labour Relations Act, and directed the matter to be relisted to determine the voluntariness of the petition.
