44 total
Application to carve out a craft bargaining unit of stationary engineers from an industrial unit dismissed.
The applicant union applied for certification to represent a craft bargaining unit of stationary engineers employed at a sewage treatment plant, seeking to carve them out from an existing, broader industrial bargaining unit represented by the intervener.
The Board declined to exercise its discretion under section 6(3) of the Labour Relations Act to permit the craft severance.
The Board found that the stationary engineers did not have a separate community of interest, and that carving out a small unit would lead to undue fragmentation and potential industrial instability.
The application for certification was dismissed.
Bargaining unit for occasional teachers excludes unqualified supply instructors due to differing communities of interest.
The applicant trade union applied for certification to represent a bargaining unit of occasional teachers employed by the respondent school board.
The parties disputed whether 'supply instructors'—unqualified persons employed on an emergency basis to substitute for regular teachers—should be included in the same bargaining unit as qualified occasional teachers.
The Ontario Labour Relations Board determined that occasional teachers and supply instructors have different communities of interest due to statutory distinctions and employment aspirations.
The Board concluded that the appropriate bargaining unit should consist solely of occasional teachers, consistent with its past practice, and directed that a certificate issue to the applicant.
Certificate granted to trade union to represent occasional teachers not covered by existing bargaining units.
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.
Control room operators found to be guards under the Labour Relations Act and excluded from bargaining unit.
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.
