The applicant trade union applied for certification.
The Board raised the issue of whether section 13 of the Labour Relations Act prohibited certification because the applicant's local constitution restricted membership to citizens of the United States or Canada.
The Board found that while the local constitution contained a citizenship requirement, the parent union's constitution prohibited discrimination on the basis of national origin and expressly prevailed over inconsistent local provisions.
Therefore, the applicant was not governed by a requirement restricting membership to citizens and was not prohibited from certification under section 13.
The matter was relisted to determine the appropriate bargaining unit.
