The applicant employer applied under section 69 and subsection 1(4) of the Labour Relations Act, 1995, seeking a Board declaration regarding the union status of employees at a newly acquired, non-unionized HVAC business.
The applicant argued that the employees were intermingled and requested a representation vote.
The Board dismissed the application, following established jurisprudence that section 69(6) and subsection 1(4) only apply when a predecessor employer had a collective bargaining relationship with a trade union.
The Board further noted that even if it had jurisdiction, it would defer the matter to arbitration to interpret the existing collective agreement's recognition clause.