The applicant union filed a certification application.
The responding party asserted it was not the employer of the proposed bargaining unit members, claiming they were employed by various personnel agencies.
The Board directed the parties to file detailed representations.
The applicant failed to file its representations on time, arguing it believed the identity of the employer was a 'status dispute' under Information Bulletin #4, which would allow a later filing.
The Board ruled that the identity of the employer is not a status dispute, refused to accept the applicant's late submissions, and dismissed the certification application for failing to establish a prima facie case that the responding party was the employer.