- May 24, 2021
- Certifications/Decertifications
Application for certification. At the time of the application, no employees were working for Crocodile at the Molson Amphitheatre. The local argued that it was not relevant whether or not individuals were actually at work on the application date; in its submission, individuals who had a reasonable expectation of returning to work when the season started were in an employment relationship with Crocodile on the application date. Applying the date of application rule, the Board dismissed the local’s application since there were no employees performing bargaining unit work on the application date. In so finding, it stated that a bright line test which focuses on the application date (as is also the case in the construction industry) is certain, easy to understand and administer and avoids costly and time consuming litigation associated with other possible alternatives.