Pat Honsberger

The union applied for certification to represent security guards at the responding party's casino.

The employer raised preliminary objections, including that the union was not a registered supplier under the Gaming Control Act and that certification would create a conflict of interest under s. 14 of the Labour Relations Act, 1995.

The employer sought an adjournment pending the union's registration application, which the Board denied, citing the need for expedition in certification matters.

The Board also ordered mutual production of documents and directed the employer to proceed first on the conflict of interest objection to ensure an efficient hearing.

The Ontario Public Service Employees Union applied for certification to represent nurses employed in a home care program by the responding party hospital.

The hospital argued that the nurses were independent contractors, not employees.

The Board examined the relationship, noting the nurses' integration into the home care program, lack of negotiation over pay rates, and limited entrepreneurial opportunity.

The Board concluded that the nurses were dependent contractors and therefore employees under the Act, and granted the certification.