R. A. Little, Q.C.

The complainant union filed an unfair labour practice complaint alleging that the respondent hospital violated the Labour Relations Act by maintaining a job description for unit supervisors that required them to process grievances and discipline other bargaining unit employees.

The union argued this created a conflict of interest that interfered with the unit supervisors' ability to participate in lawful union activities.

The Ontario Labour Relations Board dismissed the complaint, finding no evidence of anti-union motive or that the situation interfered with rights protected under the Act.

The Board noted that the managerial exclusion policy balances protections for both employers and trade unions.

The applicant hospital applied under section 106(2) of the Labour Relations Act for a determination of whether 26 'unit supervisors' exercised managerial functions under section 1(3)(b) and were therefore not 'employees'.

The hospital had reorganized its nursing department, replacing 'head nurses' with 'unit supervisors'.

The Board examined the actual duties performed by a representative unit supervisor, noting that while the job description suggested extensive managerial authority, the actual practice involved clearing decisions with an associate director.

The Board concluded that the unit supervisors did not exercise the type of real decision-making authority that would make them managerial, and held that they are employees for the purposes of the Act.