B. Herlich

The employer applied under section 5(2) of the Labour Relations and Employment Statute Law Amendment Act, 1995 (Bill 7) to separate its existing combined full-time and part-time bargaining units into distinct units.

The employer argued that Bill 7 codified a pre-1993 presumption that there is no community of interest between full-time and part-time employees.

The Ontario Labour Relations Board rejected this argument, finding that Bill 7 did not codify such a presumption and that the Board must assess the specific circumstances of each case.

Based on the agreed facts, the Board found a clear community of interest between the full-time and part-time employees, as they performed the same duties under the same supervision, received the same training, and had similar conditions of employment.

The application was dismissed.