The applicant union referred two grievances to the Board under section 124 of the Labour Relations Act.
The respondent employer objected to the Board's jurisdiction, arguing it did not operate a business in the construction industry.
The respondent's business involved fabricating and setting up temporary display structures for shows and exhibitions.
The Board applied the fixture versus chattel distinction and found that the temporary, moveable display structures were chattels rather than fixtures or real property.
Consequently, the Board held that the respondent was not an employer in the construction industry and dismissed the applications for lack of jurisdiction.
