Susan M. Ursel

The applicant trade union applied for certification to represent occasional teachers employed by the respondent school board.

The Board found that the applicant was a trade union and that the proposed bargaining unit of occasional teachers was appropriate.

The Board determined that occasional teachers were not covered by existing collective agreements with other unions, as they had been historically overlooked and fell under the Labour Relations Act by default.

Finding that more than fifty-five percent of the employees in the unit were members of the applicant, the Board granted the certificate.

The applicant union referred a construction industry grievance to the Board alleging the respondent employer improperly subcontracted concrete forming work.

The respondent and intervening unions requested a preliminary determination under section 150 of the Labour Relations Act as to whether the work fell within the industrial, commercial and institutional (ICI) sector.

The Board granted the request, finding it appropriate to determine the sector issue before hearing the merits of the grievance, given the potential illegality of the collective agreement if it purported to cover ICI work.

The applicant union sought certification for a bargaining unit of the respondent's employees.

The issue before the Board was whether four control room operators were 'guards' under section 12 of the Labour Relations Act and thus excluded from the unit.

Applying the conflict of interest test, the Board found that the operators' duties, which included monitoring other employees and reporting security incidents, created a real possibility of a conflict of interest.

The Board concluded the operators were guards, excluded them from the applicant's unit, and issued a final certificate for the remaining employees.