The applicant union applied for certification to represent stagehands employed by the responding party at a seasonal outdoor concert venue.
The application was filed in February, during the venue's off-season, when no employees were actually performing bargaining unit work.
The responding parties brought a preliminary motion to dismiss the application on the basis that there were no employees in the bargaining unit on the application date.
The Board applied the bright line test from the theatrical and construction industries, holding that because employment in this industry is seasonal and transitory, individuals must be actually at work on the application date to be considered employees in the bargaining unit.
Since no employees were working on the application date, the application for certification was dismissed.
