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.
