The union applied for certification to represent stage employees of the Canadian Opera Company (COC).
Following a representation vote in which all voting employees supported the union, the COC argued the application should be dismissed as an abuse of process, alleging the union's true motive was to secure bargaining rights for a future, unbuilt opera house.
Alternatively, the COC sought to restrict the bargaining unit to its current rehearsal facilities based on alleged industry practice.
The Ontario Labour Relations Board rejected the abuse of process argument, finding the union had legitimate interests in formalizing the existing relationship and expanding employment opportunities.
The Board also rejected the site-specific bargaining unit, granting a municipal-wide certificate to ensure stability of bargaining rights, noting the COC's ability to perform and build sets at various locations.
