The applicant union applied for certification to represent employees of the respondent.
The union's constitution restricted membership to employees of a different company, and the union had no established practice of admitting persons to membership without regard to these eligibility requirements.
Applying section 105(4) of the Labour Relations Act and the Supreme Court of Canada's decision in Metropolitan Life Insurance Company, the Board found that the employees could not be considered members of the applicant.
The application for certification was dismissed.