In an application for certification in the construction industry, a pre-hearing representation vote was held where six individuals cast segregated ballots.
The Board determined that one individual was a field superintendent exercising managerial functions and thus not an employee under the Labour Relations Act.
The Board further held that the remaining five individuals, who were not actually at work on the terminal date fixed for determining voter eligibility due to layoff or vacation, were not eligible to vote.
The Board reaffirmed its practice in the construction industry of only counting persons actually at work on the relevant date as employees.
The segregated ballots were not counted.
