The applicant union applied for certification to represent teachers employed by the respondent at Humewood House School.
The respondent objected, arguing the applicant was not a trade union under the Labour Relations Act because it included principals and vice-principals who exercise managerial functions.
The Board questioned its own jurisdiction, noting that the Labour Relations Act does not apply to teachers as defined in the School Boards and Teachers Collective Negotiations Act.
The Board declined to accept the parties' agreement on jurisdiction and the appropriate bargaining unit, and directed a further hearing to receive evidence on these issues.