The applicant union applied to determine the employment status of an Occupational Health and Safety Consultant at the respondent college.
The college argued the consultant should be excluded from the support staff bargaining unit as a person employed in a managerial or confidential capacity.
The Board found that the consultant's duties were primarily technical, involving the development of training programs for trade unions, and did not involve significant managerial control or confidential labour relations functions.
The Board declared the consultant to be an employee within the meaning of Schedule II of The Colleges Collective Bargaining Act.
