The applicant union applied for certification to represent occasional teachers employed by the respondent school board.
The respondent argued that the occasional teachers were already covered by a subsisting collective agreement through voluntary recognition, pointing to a personnel manual incorporated into the agreement.
The Board rejected this argument, finding that the collective agreement and relevant legislation clearly excluded occasional teachers, and the personnel manual did not constitute a valid voluntary recognition agreement.
The Board found the proposed bargaining unit appropriate and, based on the results of a pre-hearing representation vote, granted certification to the applicant.