The applicant employer sought to reopen a settlement and vary a collective agreement under section 106 of the Labour Relations Act.
The parties had recently negotiated a compromise regarding the inclusion of home care co-ordinators in the bargaining unit, maintaining the status quo for existing employees but including new hires.
The employer conceded that the co-ordinators were employees and did not exercise managerial functions.
The Board dismissed the application, finding no basis under section 106 to interfere with a sensible settlement arrived at by both parties acting in good faith, noting that once a collective agreement is signed, any initial certificate is spent.
