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Union's application to determine employee status dismissed as the issue was settled during collective bargaining.
The union filed an application under section 114(2) of the Labour Relations Act, 1995, seeking a determination of the employee status of four lead hands.
The employer brought a preliminary motion to dismiss the application, arguing that the issue had been settled during collective bargaining and no 'question' had arisen within the meaning of the Act.
The Board agreed with the employer, finding that the union had explicitly agreed not to pursue the status issue until the next round of bargaining.
As the current collective agreement was still in operation and no significant changes to duties were alleged, the Board concluded that no question had arisen and dismissed the application.
