The union filed a policy grievance concerning the WSIB's exclusion of the newly created Privacy Officer position from the 'all employee' bargaining unit.
The employer argued the position should be excluded under the Crown Employees Collective Bargaining Act due to a conflict of interest arising from their duties, which included investigating privacy breaches and advising on privacy compliance.
The Grievance Settlement Board found that the Privacy Officers did not exercise managerial functions, nor were they employed in a confidential capacity in matters relating to labour relations.
Their access to sensitive information and role in compliance did not create a conflict of interest with being members of the bargaining unit.
The grievance was allowed, and the Privacy Officers were included in the bargaining unit.
