Roy C. Filion

The applicant union sought certification for a bargaining unit of dependent contractor owner/operator truck drivers who hauled aggregate from the Canada Crushed Stone quarry.

The drivers had previously worked directly for Canada Crushed Stone but were later required to operate through brokers, including A. Cupido Haulage.

The Board applied the statutory definition of 'dependent contractor' and found that despite the introduction of the brokerage system, the drivers remained economically dependent upon Canada Crushed Stone, which continued to control their day-to-day work, set their rates, and provide the bulk of their work.

The Board concluded that the drivers were dependent contractors of Canada Crushed Stone and constituted an appropriate bargaining unit.

The applicant trade union applied for certification for employees of the respondent in Metropolitan Toronto.

The parties disputed the geographic scope of the bargaining unit, with the respondent seeking to restrict it to a single location.

The Board applied its general practice of describing bargaining units on a municipality-wide basis, as all employees in the included classifications worked at one location.

The Board excluded students employed during the school vacation period but included part-time employees.

A Labour Relations Officer was appointed to inquire into the duties of dispatchers and call takers.

The Board granted interim certification pending the final resolution of the bargaining unit composition.