The applicant union applied under section 106(2) of the Labour Relations Act to determine the employee status of a yard foreman.
The respondent employer argued the individual exercised managerial functions under section 1(3)(b) and should be excluded from the bargaining unit.
The Board reviewed the individual's duties, noting he had no subordinates during the winter and only seasonal workers during the summer, with limited independent decision-making authority.
The Board concluded the individual did not exercise managerial functions and was an employee within the meaning of the Act.
