The applicant union sought a determination of the bargaining unit description following the amalgamation of several municipalities into the City of Hamilton.
The parties agreed the unit should include all firefighters as defined by the Fire Protection and Prevention Act.
However, the City requested a clarity note stating that duties of non-firefighters (managerial exclusions) shall be performed outside the bargaining unit, aiming to prevent the union from grieving the assignment of such work.
The Board declined to impose the clarity note, finding that doing so would improperly interfere with the union's right to enforce its collective agreement and bargain over the protection of bargaining unit work.
The Board defined the unit as agreed and remained seized of a separate issue regarding volunteer firefighters.