The union applied for certification in the construction industry.
The employer argued it was exempt from the Labour Relations Act under s. 3(c) because its primary business was horticulture.
The Board found the employer's primary business was construction contracting, not horticulture, and dismissed the objection.
The Board then ruled on several challenges to voter eligibility, excluding several employees who were not performing bargaining unit work on the application date, but including one working foreman.
After counting the eligible ballots, the union lost the representation vote.
The matter was referred to the Registrar to proceed with the union's s. 11 application and related unfair labour practice complaint.
