The applicant union sought to certify a bargaining unit of firefighters working for the Municipality of Leamington.
The central issue was whether the individuals were 'volunteer firefighters' under the Fire Protection and Prevention Act, 1997, in which case the Labour Relations Act would apply, or 'firefighters', in which case it would not.
The Board found that the firefighters were regularly employed on a salaried basis and assigned to fire protection services, and thus fell within the definition of 'firefighter'.
Consequently, the Labour Relations Act did not apply, and the application for certification was dismissed.