The Canadian Union of Public Employees applied for certification to represent employees at eight community recreation centres in the City of Toronto.
The Board had to determine whether the City of Toronto or the individual community centres were the true employer, and whether there should be one municipal-wide bargaining unit or eight separate units.
Applying the York Condominium criteria, the Board found that the boards of management had no legal status separate from the City, making the City of Toronto the employer.
Applying the Usarco tests, the Board concluded that the employees at each centre lacked a community of interest with those at other centres, and therefore eight separate bargaining units were appropriate.
One Board member dissented, arguing for a single municipal-wide unit.
