Security supervisor included in bargaining unit as he did not exercise managerial functions.
The union applied for certification of a bargaining unit of security guards.
The sole issue was whether a security supervisor, Mr. Batchelor, should be excluded from the unit under section 1(3)(b) of the Labour Relations Act because he exercised managerial functions.
The Board found that Mr. Batchelor functioned as a 'lead hand' rather than a manager, as he did not have independent authority to hire, fire, set schedules, or approve overtime.
The Board concluded he was an employee within the meaning of the Act and included him in the bargaining unit.
The Board also dismissed the employer's request to reconsider an interim evidentiary ruling.
Board directed employer to post decision after failing to timely post representation vote report.
Following a representation vote where more than fifty percent of ballots were cast in favour of the applicant union, the Board noted that the employer failed to post Form 70 and the Officer's Report in a timely manner.
The Board directed the employer to post the decision and provided a fifteen-day period for any party to file a statement of desire to make representations regarding the vote or the report.
If no statement is received, a certificate will issue to the applicant.