The applicant union sought a determination under section 106(2) of the Labour Relations Act that two individuals performing pole line construction for the respondent were dependent contractors and thus employees.
The Board applied the 11-factor test from Algonquin Tavern to assess the relationship.
The Board found that the individuals operated a specialized, independent business, supplied their own equipment, set their own unit prices, and retained control over their work methods.
Consequently, the Board concluded they were independent contractors, not dependent contractors, and dismissed the application.
