The applicant brought an application to terminate bargaining rights under section 63 of the Labour Relations Act, 1995.
The union raised a preliminary issue, arguing that the applicant was an owner, not an employee, and therefore lacked standing to bring the application.
The Board found that the applicant was the only person performing bargaining unit work and had availed himself of an owner/operator exemption under the collective agreement to save on remittances.
The Board concluded that the applicant was an owner and dismissed the application.
