2 total
Quality Assurance Technicians found to be employees, not managers, for purposes of union certification.
The applicant union sought to certify a bargaining unit of Quality Assurance Technicians.
The respondent employer argued the proposed unit was inappropriate because the technicians exercised managerial functions and were not employees under section 1(3)(b) of the Labour Relations Act, 1995.
The Board found that while the technicians monitored product quality and occasionally acted as supervisors, they did not exercise sufficient control over the economic livelihoods of other employees to be considered management.
The Board concluded the technicians were employees for the purposes of the Act and issued a certificate.
Union certified without a vote; isolated misrepresentations by rank-and-file card collector did not invalidate membership evidence.
The applicant union sought certification for a bargaining unit of plant guards at the respondent's South Plant.
An objecting employee argued for a two-plant unit, but the Board found the single-plant unit appropriate.
Objectors also alleged that a rank-and-file employee who collected membership cards misrepresented that a representation vote would be held.
The Board found that the misrepresentations were isolated incidents, corrected in some cases by union officials, and did not reflect a widespread pattern that would undermine the reliability of the membership evidence, which exceeded 70%.
The Board granted outright certification without a representation vote.
