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ARTICLE · 05 MAY 2015

Why Are My Supervisors In The Union?

McLennan Ross LLP
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Clients often ask us why their supervisors are included within the bargaining unit. It seems inconsistent to them to have one employee who supervises another included in the same bargaining unit.

CanadaEmployment and HR
McLennan Ross LLP
McLennan Ross LLP
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Clients often ask us why their supervisors are included within the bargaining unit. It seems inconsistent to them to have one employee who supervises another included in the same bargaining unit.

The Canada Industrial Relations Board ("CIRB") - the body who determines union certifications and exclusions for all private sector employers in the three northern territories and other employers under federal labour jurisdiction - just released a decision confirming its approach to excluding employees from bargaining units. This decision will not be satisfying to Northern employers.

The CIRB decision confirmed again that it very narrowly interprets the two reasons set out in the Canada Labour Code for excluding employees from a bargaining unit: confidentiality and managerial functions. The CIRB's approach to exclusion is much different from those of provincial labour tribunals.

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