The applicant union sought an interim certificate for a bargaining unit of employees at a grocery store.
The parties agreed on the bargaining unit description except for the inclusion of certain department managers, whom the responding party argued should be excluded under section 1(3)(b) of the Labour Relations Act, 1995.
The Board found that the union's right to certification would not be affected by the ultimate decision on the disputed classifications, as more than fifty percent of the ballots cast were in favour of the union regardless of the outcome.
The Board exercised its discretion under section 9(2) of the Act to issue an interim certificate pending the final resolution of the bargaining unit composition.
A corrigendum was later issued to correct the description of the disputed positions.
