Canadian Union of Public Employees v. Regional Municipality of Hamilton-Wentworth
[1982] OLRB Rep. October 1481
0431-82-R Canadian Union of Public Employees, Applicant, v. Regional Municipality of Hamilton-Wentworth, Respondent
BEFORE: R. O. MacDowell, Vice-Chairman, and Board Members S. Cooke and F. W. Murray.
DECISION OF BOARD MEMBER F. W. MURRAY; October 12, 1982
1I dissent.
2I would have found that the persons subject to this application are not employees within the meaning of the Labour Relations Act.
3While it is clear that the employment conditions have many of the elements that could lead the Board to conclude that the subject persons are employees within the meaning of the Act, it is my opinion that the rehabilitative aspect of their employment is so paramount that I would conclude that they are not employees within the meaning of the Labour Relations Act.
4It may be that they could be found to be employees under other legislation, i.e., Workmen's Compensation Act, Unemployment Insurance Act, Income Tax Act, but the Labour Relations Act clearly maintains an adversarial role between the parties. Indeed, some critics of the Labour Relations Act maintain that the adversarial role and arms' length relationship is nurtured to an unhealthy degree in the Ontario Labour Relations Act. Whether that be so or not, maintaining an adversarial role and arms' length relationship between the parties is clearly one of the keystones of the Act.
5From the evidence I conclude that many of the trappings of a normal employment relationship have been introduced into the programme in an effort to show the participants the positive aspects of earning a living and becoming a person with gainful employment within society.
6Accordingly, I find that the persons subject of this application are not employees within the meaning of the Ontario Labour Relations Act.