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Individual employee cannot use section 106(2) to determine employment status absent union-employer dispute.
The applicant, a former school custodian, applied under section 106(2) of the Labour Relations Act for a determination that he was an employee rather than an independent contractor.
The respondent union opposed the application, noting there was no dispute between the union and the employer regarding his status.
The Board dismissed the application, affirming previous jurisprudence that section 106(2) is intended only to resolve disputes between the immediate parties to a collective bargaining relationship, not to provide a forum for individual employees to question their status when the union and employer are in agreement.
