William Challis

The applicant trade union applied for certification in the construction industry.

The Board had to determine whether the 'Gilvesy test' applied to determine which employees should be included in the bargaining unit for the purpose of the count, particularly concerning off-site mechanics under section 117(b) of the Labour Relations Act.

The Board held that the Gilvesy test applies, meaning employees must have spent a majority of their time on the date of application performing bargaining unit work.

The Board found no conflict between this test and section 117(b).

Applying this test, the Board determined the status of six disputed individuals, including some on the list of employees and excluding others based on their duties on the application date.

The union applied for certification.

The employer argued that membership evidence collected by an employee, Mr. Pyle, should be discounted because he threatened other employees with job loss if they did not sign union cards.

The Board found that Mr. Pyle did make such threats.

As a result, the Board declined to give full weight to the membership evidence and ordered a representation vote to ascertain the true wishes of the employees.

One Board member dissented, arguing that employers should not be permitted to participate in certification hearings regarding membership evidence.