The applicant trade union applied for certification in the construction industry.
The intervenor trade union and the responding employer asserted that their existing collective agreement constituted a complete bar to the application.
The applicant challenged the validity of the agreement, alleging that the intervenor was not entitled to represent the employees at the time it was entered into and that it had received improper employer support.
The Board found that the agreement was a valid pre-hire arrangement common in the construction industry, that the employees had freely voted to accept it, and that there was no improper employer support.
The application for certification was dismissed.