The applicant, a newly formed independent union, applied for certification to displace the intervenor union.
The Board held a hearing to determine whether the applicant met the statutory definition of a 'trade union' under section 1(1) of the Labour Relations Act, 1995.
Despite irregularities in following its own constitution during its organizational meeting, the Board found that the essential features of forming a trade union—adopting a constitution, admitting members, and having representative officers—were present.
The Board concluded that the applicant is a viable organization of employees and therefore a trade union within the meaning of the Act.