M. Jones

The applicant union sought certification.

The respondent employer and objecting employees alleged that the membership evidence was tainted by the improper conduct of a rank and file employee who acted as a collector.

They alleged he threatened job security and misrepresented the union's two-tier initiation fee structure.

The Board found that the collector was not a union official and his statements, while improper in some respects, would not have deterred or unduly influenced a reasonable employee.

The Board concluded the membership evidence was voluntary and certified the union.

During a consolidated hearing for union certification and an unfair labour practice complaint, the Ontario Labour Relations Board made several preliminary rulings.

The Board refused to exclude part-time employees and students from the bargaining unit, noting the employer had no history of employing them, despite the plant having only been open for a few months.

The Board also included quality control employees in the unit, finding they shared a community of interest with production employees.

Over the union's objection, the Board ordered the disclosure of the membership card count to ensure all parties understood the case to be met.

Finally, the Board directed the employer to call its evidence first, followed by the objecting employees, and then the union.

The employer applied under section 106(2) of the Labour Relations Act for a determination of whether a librarian exercised managerial functions and should be excluded from the bargaining unit.

The Board used this case to alter its policy regarding the scope of duties and responsibilities examinations, deciding it would no longer automatically restrict such inquiries to 'changes' in duties but would permit full examinations where a question as to status arises.

On the merits, the majority found that the librarian exercised effective control over the library, including making effective recommendations on automation, staffing, and hours, and had supervisory conflicts with bargaining unit staff.

The Board concluded she exercised managerial functions within the meaning of section 1(3)(b) and granted the application.