Debbie Dalle Vedove

The appellant appealed an inspector's refusal to make an order regarding his removal by the union from the Joint Health and Safety Committee.

The union removed him after he refused to apologize for maligning the worker co-chair, as ordered by a union trial board.

The Board dismissed the appeal, finding no prima facie breach of the Occupational Health and Safety Act because the union is not a 'person' under s. 62(5)(a), the appellant was not exercising a power or duty under the Act when he circulated a memo criticizing the co-chairs, and internal union proceedings are not an 'action or other proceeding' under s. 65(1)(d).

The applicant union sought to include Inspectors and Instructors in the bargaining unit.

The responding party employer argued they exercised managerial functions and should be excluded under section 1(3) of the Labour Relations Act.

The Board applied the effective control test and found that Inspectors have significant disciplinary authority and Instructors have the power to effectively recommend the retention or dismissal of probationary employees.

The Board concluded that both classifications exercise managerial functions and are excluded from the bargaining unit.