2 total
Union's constitutional amendment passed at a special meeting was effective to establish membership eligibility.
The applicant union applied for certification.
A preliminary issue arose regarding the applicant's ability to accept the proposed bargaining unit employees into membership.
In a prior decision, the Board had dismissed an application because the union's constitution did not permit such membership.
The union subsequently amended its constitution at a Special Meeting.
An intervenor argued the amendment was invalid because the constitution required amendments to be made at an annual conference.
The Board held that the procedures used were substantially consistent with the union's internal rules, noting the delegates at the Special Meeting were identical to those entitled to vote at the annual conference.
The Board concluded the amendment was effective and the union could admit the employees into membership.
Union certification application dismissed because its constitution did not permit municipal employees to become members.
The applicant union sought certification for a bargaining unit of hostel employees employed by the Municipality of Metropolitan Toronto.
The intervener union argued the application should be dismissed because the applicant's constitution restricted membership to employees of the Crown, its agencies, or private employers, rendering municipal employees ineligible.
The Board found that the municipality was a public sector employer and not a 'private employer' within the meaning of the applicant's constitution.
As the applicant lacked an established practice of admitting persons outside its constitutional eligibility requirements, the application for certification was dismissed.
