The applicant union sought certification for a bargaining unit in the construction industry encompassing the ICI sector province-wide and Board Area #26 for all other sectors.
The respondent employer argued that because it had employees working in Board Area #6 on the application date, the unit should also include Board Area #6, and that the Board should consider community of interest criteria under section 6(1) of the Labour Relations Act.
The Board ruled that under section 144(1) of the Act, a trade union is not required to apply for more than one geographic area even if employees are working in multiple areas.
The Board defined the appropriate bargaining unit accordingly and authorized a Labour Relations Officer to inquire into the list of employees.