The applicant union sought certification to represent employees of the respondent.
The parties disagreed on the status of six individuals who were fully subsidized by government make-work programs (the Futures Program and a municipal welfare program).
The respondent argued these individuals were not its employees because they were funded and partially controlled by external agencies.
Applying the York Condominium criteria, the Board found that the respondent exercised day-to-day control, assigned work, and benefited from their labour.
The Board concluded that the six individuals were employees of the respondent for the purposes of the Labour Relations Act and included them in the bargaining unit.
