The applicant union applied for certification with respect to employees performing janitorial services at the Cleary Auditorium, naming Ambassador Building Maintenance Limited as the respondent employer.
The respondent argued it merely provided a payroll service and was not the true employer.
The Board found that although a contract existed between the respondent and the auditorium, the auditorium actually hired, supervised, and set the working conditions for the employees.
Applying the "true employer" test, the Board concluded that the auditorium, not the respondent, was the true employer.
The application for certification against the respondent was dismissed.
