The union referred a question to the Ontario Labour Relations Board under section 82 of the Colleges Collective Bargaining Act to determine whether several individuals were employees included in the support staff bargaining unit.
The Board examined the duties and responsibilities of the individuals to determine if they were employed in a managerial or confidential capacity.
The Board found that the executive secretary to the Director of Plant and Services was excluded due to her confidential capacity.
The office manager and a general clerk in the Personnel department were found not to exercise sufficient managerial or confidential duties and were included in the unit.
The Divisional Directors and Assistant Divisional Directors of Continuing Education were found to exercise significant managerial functions over the continuing education program and part-time staff, and were excluded from the bargaining unit.