The union applied for certification of a bargaining unit of technical employees at a cancer centre, explicitly excluding radiation therapists who had previously been part of the same bargaining unit for 18 years before terminating the union's bargaining rights.
The employer brought a motion to dismiss the application on the basis that the proposed bargaining unit was not appropriate.
The Board found that carving out a third of the previously viable bargaining unit would result in undue fragmentation and labour relations problems.
The Board ruled the proposed unit inappropriate, prompting the union to withdraw its application.
