I. A. Rundle

The employer applied under section 5 of the Labour Relations and Employment Law Amendment Act, 1995 for a declaration that the existing bargaining unit, which combined full-time and part-time employees, was not appropriate for collective bargaining.

The union opposed the application, arguing that a community of interest existed between the two groups.

The Board heard expert evidence that the nature of part-time work has evolved, with part-time employees now sharing similar interests to full-time employees.

Finding that the full-time and part-time employees performed the same work under virtually identical terms and conditions, the Board concluded that a substantial community of interest existed.

The employer's application to split the bargaining unit was dismissed.

The applicant union filed an unfair labour practice complaint alleging the employer contravened section 73.1 of the Labour Relations Act by using six individuals to perform bargaining unit work during a lawful strike.

The individuals had been hired or transferred into pre-existing managerial positions after notice to bargain was given, without increasing the overall managerial complement.

The majority of the Board held that the plain language and purposive interpretation of section 73.1 prohibited the employer from using these individuals to perform the work of striking employees, regardless of whether the overall number of managers increased.

The employer was ordered to cease and desist from using the individuals for bargaining unit work.

A dissenting opinion argued this interpretation created an inequity not intended by the Legislature.

The applicant, a leadhand, applied to terminate the union's bargaining rights and circulated a petition in support.

The Board inquired into the voluntariness of the petition.

The Board found that the applicant's position as a leadhand with power to effectively recommend discipline, combined with his family relationship to the plant manager, would cause reasonable employees to perceive him as closely aligned with management.

Consequently, the Board was not satisfied that the petition represented a voluntary expression of employee wishes.

The application was dismissed.

The complainant hospital created a new Registered Nurse position in its alcohol and addiction program and assigned the work to the Ontario Nurses' Association (ONA) bargaining unit.

The Ontario Public Service Employees Union (OPSEU) filed a jurisdictional complaint, arguing the work involved psycho-social counselling and should be assigned to its paramedical members.

The Board found that the position required a registered nurse to provide a multidisciplinary approach to treatment.

Since ONA represents registered nurses at the hospital and no OPSEU members were capable of performing the job, the Board upheld the hospital's assignment and dismissed the complaint.