OSSTF found to be a trade union despite managerial members; new bargaining unit test established for occasional teachers.
The Ontario Secondary School Teachers' Federation (OSSTF) applied for certification to represent occasional teachers employed by the respondent board of education.
The respondent and the intervener union argued that OSSTF was not a trade union under the Labour Relations Act because its membership included principals and vice-principals who exercised managerial functions.
The Board held that OSSTF is a trade union, finding that the inclusion of managerial members does not disqualify an organization from being a trade union, especially given the statutory inclusion of principals in teacher bargaining units under other legislation.
The Board also established a new test for determining the composition of the bargaining unit for occasional teachers, rejecting the traditional 30/30-day rule in favour of a broader test including those actively at work on the application date or who had worked at least one day in the preceding twelve months.
Finally, the Board directed the employer to provide a list of employee names and addresses to facilitate a fair representation vote.
