The applicant hospital applied under section 106(2) of the Labour Relations Act for a determination of whether three medical secretaries were employees within the meaning of the Act, arguing they should be excluded due to their confidential capacity in labour relations matters.
The union argued the status of one secretary was already settled in prior negotiations.
The Board dismissed the application regarding the first secretary, finding no material change in duties since the parties agreed to include the position in the bargaining unit.
For all three secretaries, the Board found their access to confidential board of directors' minutes was too remote to constitute a regular and material involvement in labour relations matters.
The Board concluded they were not employed in a confidential capacity and remained in the bargaining unit.
