The Association of Law Officers of the Crown applied for certification to represent articling students employed by the Crown.
OPSEU intervened, claiming it already held bargaining rights for these students under an Order-in-Council establishing bargaining units for Crown employees.
The applicants argued that articling students fell into a residual bargaining unit and challenged OPSEU's representation.
The Board interpreted the statutory framework and Orders-in-Council, concluding that articling students were properly included in the first bargaining unit for which OPSEU was designated as the bargaining agent.
Consequently, the certification application was untimely, and the related applications to terminate bargaining rights and alleging unfair labour practices were dismissed.
