The applicant union applied under section 106(2) of the Labour Relations Act for a determination of whether four individuals were employees.
The respondent employer argued the application should be dismissed without a hearing on the merits because the parties had previously agreed during a certification application that the individuals exercised managerial functions and were excluded from the bargaining unit.
The union contended the agreement was only for the purposes of the count.
The Board found that the prior decision recorded an agreement on employee status, which triggered the Westmount Hospital policy restricting subsequent applications.
The Board declined to go behind the prior decision and dismissed the application.
