The applicant union applied for certification to represent employees of the respondent, an agency assisting individuals with developmental disabilities.
The parties agreed on the bargaining unit description except for the inclusion of four Home Support Workers.
The employer argued these workers were dependent contractors or lacked a community of interest with other staff.
The Board found the Home Support Workers were employees under the Labour Relations Act and shared a sufficient community of interest with the other support workers.
The Board included them in the bargaining unit and directed that a certificate issue to the applicant.
