The applicant trade union applied for certification to represent a unit of owner-operators of tractor-trailers hauling materials from the respondent's quarry.
The Board found that the six owner-operators in question were dependent contractors and therefore employees under the Labour Relations Act.
The respondent argued that due to the seasonal nature of the work, the six individuals did not constitute a substantial and representative number of the workforce, and requested a representation vote be deferred.
The Board rejected this argument, finding that the six persons constituted a substantial and representative number of employees, and granted the certificate to the applicant.
