D. L. Wakely

The applicant union applied for certification of a unit consisting of assistant store managers at two grocery stores.

The respondent employer and intervener argued that the assistant store managers exercised managerial functions and were therefore excluded from the definition of 'employee' under the Labour Relations Act.

The Board noted that assistant store managers had historically been excluded from the existing collective agreement covering other employees.

Finding that the assistant store managers had authority to issue formal discipline, resolve inter-departmental problems, and act as the primary source of relief for the store manager, the Board concluded they exercised managerial functions.

The application for certification was dismissed.

The applicant union referred a grievance to the Board, alleging that the respondents were related or successor employers under the Labour Relations Act and were bound by a provincial collective agreement.

The Board found that the union had acquired bargaining rights for the respondent in 1974 but had made no attempt to negotiate a collective agreement since 1975.

The Board concluded that the union had abandoned its bargaining rights prior to the introduction of provincial bargaining in 1978.

Consequently, the grievance referral was dismissed.

A dissenting Board member would have found no abandonment.