The Board considered whether a Memorandum of Agreement between Tyger Construction Inc. and the Labourers' International Union of North America (OPDC) constituted a valid collective agreement.
The Carpenters' Union had applied for certification, and the OPDC argued its agreement was a bar.
The Board determined that the Memorandum of Agreement was a valid collective agreement.
It found that the agreement incorporated by reference the terms and conditions of other collective agreements for non-ICI work, but did not make Tyger a party to those other separate collective agreements.
The Board concluded that the OPDC holds valid bargaining rights for construction labourers as defined in the agreement.