22 total
Individual who occasionally helped out for small sums or meals found to be a casual employee.
The union applied for certification of a bargaining unit.
The employer argued that one of the two individuals in the proposed unit was not an employee, but rather a volunteer or independent contractor who occasionally helped out and received small sums of money or meals.
The Board found that the individual was a casual employee because he provided services in exchange for compensation.
The Board also declined to segregate the full-time and casual employees into separate bargaining units, as doing so would prevent collective bargaining altogether.
A certificate was issued to the union.
Borrowed $1.00 payment for union membership dues satisfies statutory requirement for certification evidence.
In an application for certification, the respondent employer challenged the union's membership evidence, alleging a 'non-pay' issue.
An employee had borrowed the required $1.00 membership fee from a co-worker and paid it to the union organizer.
The employer argued this did not constitute a financial sacrifice or a payment 'on his own behalf' under section 1(1)(l) of the Labour Relations Act.
The Board rejected this argument, holding that the borrowed dollar became the employee's money to dispose of as he pleased, and its payment satisfied the statutory requirement.
The matter was re-listed to determine remaining issues regarding employee status and part-time exclusions.
