The applicant trade union applied for certification to represent employees of the respondent, an employer engaged in the fabrication and erection of structural steel.
The respondent brought a motion to dismiss the application, arguing that because it operates in the construction industry, only a trade union pertaining to the construction industry under section 117(f) of the Labour Relations Act could apply.
The Board dismissed the motion, finding that while the respondent and its employees fall within the construction industry provisions, section 144(5) and the general provisions of the Act permit a non-construction trade union to apply for certification outside the province-wide bargaining scheme.
