The applicant union sought certification for its traditional craft bargaining unit, arguing that the respondent's shipbuilding and repair business fell within the definition of the construction industry under the Labour Relations Act.
The applicant relied on recent amendments to the Occupational Health and Safety Act, which deemed shipbuilding a 'project'.
The Board ruled that repairing or building ships in dry docks does not constitute a business in the construction industry under the Labour Relations Act.
Following this ruling, the applicant withdrew its application with leave.