Certification application dismissed; individual MPPs, not the Board of Internal Economy, are the employers of constituency staff.
The applicant union sought certification for a bargaining unit of all employees in N.D.P. Constituency offices in Ontario, naming the Province of Ontario Board of Internal Economy as the employer.
The Board applied the criteria for determining employer status and found that the individual Members of the Legislative Assembly exercise complete direction and control over the employees, including hiring, firing, and setting conditions of employment.
The Board of Internal Economy acts merely as a paymaster allocating funds.
Consequently, the Board concluded that the individual Members, not the Board of Internal Economy, are the employers.
The application for certification was dismissed.