The Ontario Labour Relations Board was recently tasked with
determining whether the Shift Leaders of a Brampton, Ontario Sirens
retail store exercised managerial functions within the meaning of
the Ontario Labour Relations
Act, such that they should be excluded from the
bargaining unit. After a comprehensive review of the
day to day duties of the Shift Leaders, the OLRB
found that they did not exercise sufficient
managerial functions, resulting in their inclusion in the
bargaining unit.
In this certification application, the United Food and
Commercial Workers International Union, Local 175 (the Union) had
included the Shift Leaders in its description of the bargaining
unit, and Sirens management (the Employer) disagreed. The
Employer took the position that pursuant to Subsection 1(3)(b) of
the Act, the Shift Leaders were properly excluded as their function
was managerial in nature. The Employer emphasized two (2) key
features of the Shift Leader role in support
