William Hutchison

The applicant union applied for certification to displace the incumbent union as the bargaining agent for a comprehensive unit of outside workers.

After the applicant won a pre-hearing representation vote, a group of skilled tradespeople objected, seeking to be carved out into a separate bargaining unit represented by the incumbent union.

The Board dismissed the request, finding that the existing comprehensive unit had a long history of successful collective bargaining and that fragmenting it was not justified.

A certificate was issued to the applicant for the comprehensive unit.

The applicant sought certification to represent employees of the respondent and had to establish its status as a trade union under section 1(1)(p) of the Labour Relations Act.

The intervener argued that the applicant was not a valid trade union because it had not properly admitted members or elected a full slate of officers as required by its constitution.

The Board reviewed the steps taken by the applicant, including drafting and approving a constitution, admitting members, and electing four key officers by acclamation.

The Board found that despite not electing the five Executive Council Members, the applicant was a viable organization capable of carrying out its purposes.

The Board concluded that the applicant is a trade union within the meaning of the Act and directed the matter to be listed for continuation of the hearing.