In a dissenting opinion regarding an application for certification, Board Member Seville disagreed with the majority's finding that a single-store bargaining unit was inappropriate.
The majority had concluded that the employer's 11 fast-food franchise locations were functionally integrated, particularly regarding the production of baked goods, and that a single-store unit would cause serious labour relations problems.
The dissent argued that the Board lacked sufficient evidence regarding the separate corporate structures of each store and the parent franchisor to properly assess functional integration.
The dissent further contended that the production relationship did not preclude a single-store unit and that requiring an 11-store bargaining unit created an unreasonable impediment to the employees' right to organize.
