The Ontario Secondary School Teachers' Federation applied for certification to represent a unit of psychologists, social workers, and other professionals employed by the Board of Education for the City of York, displacing the incumbent union.
The incumbent argued the applicant's constitution did not permit these employees into membership.
The Board found the applicant had an established practice of admitting such persons, satisfying the Labour Relations Act.
As the applicant demonstrated sufficient membership support, the Board ordered a representation vote between the applicant and the incumbent union.