During applications for certification of limousine drivers, a dispute arose regarding the composition of the bargaining unit and the employment status of the drivers (whether they were employees, dependent contractors, or independent contractors).
The applicant union requested to review and copy the employee lists provided by the respondents.
The respondents objected, arguing the lists should remain confidential.
The Ontario Labour Relations Board held that the union is entitled to review and copy the employee lists to meaningfully participate in the hearing and address the complex issues regarding the bargaining unit's composition.
A dissenting board member argued the lists should only be examined in the presence of a Labour Relations Officer to prevent their use for organizing purposes.
