The applicant union sought certification for a bargaining unit of the respondent's employees.
The issue before the Board was whether four control room operators were 'guards' under section 12 of the Labour Relations Act and thus excluded from the unit.
Applying the conflict of interest test, the Board found that the operators' duties, which included monitoring other employees and reporting security incidents, created a real possibility of a conflict of interest.
The Board concluded the operators were guards, excluded them from the applicant's unit, and issued a final certificate for the remaining employees.
