The union applied for certification of a bargaining unit of security guards.
The sole issue was whether a security supervisor, Mr. Batchelor, should be excluded from the unit under section 1(3)(b) of the Labour Relations Act because he exercised managerial functions.
The Board found that Mr. Batchelor functioned as a 'lead hand' rather than a manager, as he did not have independent authority to hire, fire, set schedules, or approve overtime.
The Board concluded he was an employee within the meaning of the Act and included him in the bargaining unit.
The Board also dismissed the employer's request to reconsider an interim evidentiary ruling.