A group of registered nursing assistants (RNAs) applied under section 95(2) of the Labour Relations Act for a determination of their employee status.
The employer and the union had previously agreed that the RNAs were employees covered by the collective agreement.
The Board held that section 95(2) is designed to resolve disputes between the immediate parties to the bargaining relationship (the employer and the union).
It is not available to individual employees to question their status when that status is not a matter of dispute between the employer and the trade union.
The application was dismissed.
