The applicant hospital applied under section 95(2) of the Labour Relations Act to determine whether its Head Nurses were 'employees' within the meaning of the Act.
Following an amalgamation with an adjacent hospital, the employer revised the Head Nurses' job descriptions to align with the other hospital's structure, where Head Nurses were excluded from the bargaining unit.
The Board found that significant material changes had occurred in the Head Nurses' duties, including independent authority to grant time off, require overtime, monitor attendance, and participate in hiring and discipline.
The Board concluded that the Head Nurses exercised managerial functions and were no longer 'employees' under section 1(3)(b) of the Act.
