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Union certification application referred to Board Officer to determine appropriateness of bargaining unit.
The applicant trade union applied for certification as the exclusive bargaining agent for electronic testing technicians employed by the respondent.
The applicant argued that the technicians constituted a craft unit under section 6(3) of the Labour Relations Act, or alternatively, an appropriate unit under section 6(1).
The Board found that the applicant failed to establish a history of commonly bargaining separately and apart for the craft, and thus the unit was not deemed appropriate under section 6(3).
However, finding an arguable issue under section 6(1), the Board authorized a Board Officer to inquire into the duties of certain supervisors and the community of interest between the technicians and other employees.
Oral settlement reached by counsel is binding despite client's internal misapprehension of authority.
The applicants referred a grievance to the Board for arbitration.
At the hearing, the applicants argued that a binding settlement had been reached between counsel prior to the hearing.
The respondent argued that its supervisor lacked the authority to instruct counsel to settle without the president's approval.
The Board held that where counsel holds themselves out as having authority to settle, and the other party has no notice of any limitation on that authority, the settlement is binding.
The Board found that a settlement was reached and ordered its implementation.
