The applicant union filed displacement applications for certification for full-time and part-time bargaining units of nurses.
A dispute arose regarding the composition of the full-time bargaining unit, which appeared to contain only one person.
The intervenor union argued that the application for the full-time unit must be dismissed because section 9(1) of the Labour Relations Act, 1995 requires a bargaining unit to consist of more than one employee.
The Board noted that while its practice in displacement applications is to find the incumbent's bargaining unit appropriate, section 9(1) may preclude this if the unit has only one person.
The Board deferred its decision and invited the parties to make further submissions on the interpretation of section 9(1) and the appropriate bargaining unit.