- May 26, 2021
- Certifications/Decertifications
This matter between IATSE, Local 849 (“IATSE”), and Egg Films Inc. was proceeded under the Nova Scotia Trade Union Act, SNS 2011, c 71 (“the Act”) and concerned an application for certification under s. 23 of the Act. IATSE applied to be the bargaining agent for:
“Motion Picture Technicians in the employ of Egg Film Inc., including Best Boys Grips, Costume Designers, Lighting Technicians, Props Assistants, Gaffers, Best Boys Lighting, Generator Operators, Key Make-Ups. Props Masters and Key Grips in the Province of Nova Scotia, except Producers and those above the rank of Producer, Foremen and those excluded by section 2(2) of the Trade Union Act [i.e. managers and those employed in a confidential capacity in relation to labour relations].”
A representation vote was held following the date of application.
This decision concerned two issues. The first was the adequacy of the representation vote, the second issue concerned who should be included in the bargaining unit.
Adequacy of the Vote
The Employer requested a second vote alleging that the vote did represent the true wishes of the employees resulting from the location of the vote, the manner in which notice was given and the employee’s temporal connection to the workplace. The Board refused to order a second vote. First, the vote complied with the requirement outlined in the Act. It noted that the Employer was under no obligation to go beyond the procedures for posting voting notices. Second, it found no evidence of wrongdoing or unfair labour practices on the part of the Employer or the Union. Third, the “snap shot approach”, where a vote is held among casual technicians on the work site on the date of application, was appropriate.
Bargaining Unit
The Board held that only the motion picture technicians employed on the date of application who were casual employees could be included in the bargaining unit and eligible to participate in the representation vote. In doing so, the Board rejected the Employer’s argument that the “significant long-term connection to the employer” approach should be used to determine bargaining unit composition. The Board held that where a bargaining unit consists of purely casual or occasional workers, the “single snap shot” approach is appropriate for determining bargaining unit composition. In so doing it held at paragraph 42 that the test for determining what constitutes an appropriate unit “is not what is a better or the best possible unit, but rather whether the bargaining unit applied for is ‘an appropriate unit’ pursuant to sections 23 and 25 of the Act.” As a result, it held that individuals in the following positions were properly excluded from the bargaining unit of causal motion picture technicians sought to be represented by the applicant:
- Co-owners of Egg Films
- Line Producer
- Director
- Production Co-ordinator
- 1st Assistant Director
- Camera Operator
- 1st Assistant Camera Operator
- 2nd Assistant Camera Operator
- DMT/VTR person
- Art Director
- Production Assistants
- Individual that “deals with ‘locations’”
Technicians in the following capacities were found to be properly included in the bargaining unit:
- Gaffer
- Best Boy Electric
- Key Grip
- Best Boy Grip
- Swing
- Props
- Sound
- Craft
- Wardrobe
- Hair and Make Up
The individuals included in the bargaining unit consisted of more that the requisite 40% threshold of support required for certification under s. 25(7)(6) of the Act. The Board ordered that the representational vote be counted.