The applicant union applied under section 106(2) of the Labour Relations Act for a determination of whether certain supervisors exercised managerial functions.
The respondent employer argued the application was untimely and should not proceed because the parties were engaged in a lawful strike and the supervisors were performing production work.
The Board held that the parties were 'in the course of bargaining' and the application was timely.
The Board noted that evidence of duties performed during the strike was irrelevant, but directed an officer to inquire into the supervisors' regular duties and responsibilities.
