The applicant union sought certification for employees of the respondent at its Hamilton and London clinics.
The parties disputed the inclusion of two employees in the bargaining units.
The respondent argued that the Assistant Director at Hamilton should be excluded under section 1(3)(b) of the Labour Relations Act or for lack of community of interest, but the Board restricted the issue to section 1(3)(b) based on prior proceedings and found she was not excluded.
The Board found that the Consultant at London spent the vast majority of her time performing sales and office functions and was therefore excluded from the bargaining unit as office and sales staff.
Certificates were issued for both bargaining units.
