K. Brennan

The employer alleged that the union obtained its certification by fraud because it estimated 57 employees in the bargaining unit on its application, despite the employer previously stating there were 64.

The Ontario Labour Relations Board applied the test for fraud from Derry v. Peek, which requires a false representation made knowingly, without belief in its truth, or recklessly.

The Board found that the union representatives had an honest belief in their estimate, which was based on a practical assessment by the chief steward.

The Board concluded that the union's conduct did not amount to fraud and upheld the certificate.

The applicant trade union applied under section 114(2) of the Labour Relations Act, 1995 for a declaration that the 'Weekend Editor' is an employee within the meaning of the Act.

The responding party employer argued the position was managerial and that the Board should decline to hear the application due to delay and because the underlying issue would be resolved at arbitration.

The Board declined to dismiss the application, finding no acquiescence by the union and noting that a determination of employee status serves a useful labour relations purpose.

The Board authorized a Labour Relations Officer to inquire into the duties and responsibilities of the Weekend Editor.

The applicant union sought certification for a bargaining unit of registered and graduate nurses.

The parties disputed whether the Discharge Planning Co-ordinator should be excluded from the unit under section 1(3) of the Labour Relations Act due to managerial functions or confidential capacity.

The Board found that while the incumbent did not exercise managerial functions, her regular participation in monthly department managers' meetings exposed her to confidential information regarding the employer's collective bargaining strategies and grievance handling.

Consequently, the Board concluded that her inclusion would create a conflict of interest and excluded the position from the bargaining unit.

The applicant union applied for certification of a new bargaining unit of continuing education instructors and sought to combine it with an existing unit that had not yet reached a first collective agreement.

The employer opposed the combination, arguing it would cause serious labour relations problems and instability.

The Board granted the combination, finding that the alternative of two small, fragmented units would be more problematic than integrating the new group into the ongoing first contract arbitration.

A dissenting board member would have refused the combination.