Following the merger of two hospitals, the union and the successor employer agreed that the union's bargaining rights would extend to the combined group of employees, including previously non-unionized employees.
The intervenors, representing the formerly non-unionized employees, requested that the Board exercise its discretion under section 64(6)(e) of the Labour Relations Act to dovetail their seniority lists with the unionized employees, giving them full credit for their past service.
The Board dismissed the request, deferring to the agreement between the union and the employer, and noting that seniority is a bargaining unit concept that does not exist prior to collective bargaining.
