Employers do not have the right to apply to exclude Supervisory Employees from existing bargaining units

Nordal LeBlanc was privileged to represent the SJBRWDSU in this matter.

The SJBRWDSU applied for, and received, intervener status before the Saskatchewan Labour Relations Board in an application filed by the Saskatoon Public Library against CUPE, Local 2669 in which the employer argued that 28 employees should be removed from the existing bargaining unit.  As an intervener, the SJBRWDU argued that the Board was without jurisdiction as an Employer is not entitled to make such an application.

The SLRB released its unanimous decision on January 17, 2017 and dismissed the Employee’s application and confirming that the Supervisory Employee provisions do not apply to existing certification orders.  The question of whether the Supervisory Employee provision breaches s. 2(d) of the Charter remains to be determined in relation to applications to certify a new bargaining unit.

This case is a clear example of the importance unions like RWDSU, SGEU and CUPE who take action to stop government and employer interference with the rights of workers.

About the author: Nordal LeBlanc Law Office

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