The applicant union applied for certification in the construction industry.
The Board had to determine whether five disputed individuals were employees in the bargaining unit on the date of application.
The Board reconsidered a previous ruling and allowed the respondent to make unrestricted submissions regarding the list of employees.
Applying the test from E & E Seegmiller, the Board examined the work performed by each individual on the application date.
The Board concluded that one individual was performing carpentry work and was included in the unit, while the other four were not.
Finding that the applicant had the requisite membership support, the Board issued certificates to the applicant.
