The applicant union applied for certification to represent an all-employee bargaining unit at a newly formed Crown corporation.
The intervenor union argued that the proposed unit was inappropriate because it would dismantle pre-existing bargaining structures where the intervenor represented supervisory and professional employees.
The Board held that due to the statutory exclusion of successor rights in this privatization, there were no pre-existing bargaining structures binding the new employer.
Applying its standard test, the Board found that an all-employee bargaining unit was appropriate and that the employees shared a sufficient community of interest.