IATSE Local 680 v. Power Promotional Events Incorporation, NSLB (LRB-6371)

IATSE, Local 680 applied for certification of a bargaining unit of all employees employed by Power Promotional Events Inc. (“Power Promotional”) as Crew Chief, Stagehands, Forklift Operators, Riggers and Climbers, Deckhands and Spotlight Operators. This was the first certification case in Nova Scotia dealing with the live entertainment sector where workers were assigned to work from a hiring hall, rather than employed at a fixed work location. The issue in dispute was whether the promoter, Power Promotional, or the venue, was the true employer. The Nova Scotia Labour Board (“NSLB”) applied the same criteria as the Ontario Labour Relations Board considers in determining whether an entity is an employer. The NSLB concluded that Power Promotional was the employer because: (1) Power Promotional exercised direction and control over the manner in which employees in the proposed bargaining unit performed work on the application filing date, (2) the responsibility for the successful completion of the work performed by the workers rested with Power Promotional’s representatives (3) Power Promotional bore the burden of remunerating the workers; (3) on the rare occasion that it has been necessary to discipline a worker at a Power Promotional project, the stage or production manager in the employ of Power Promotional has decided the appropriate discipline; (4) Power Promotional decided the size and composition of the work force. 

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