- May 24, 2021
- Certifications/Decertifications
Application for certification (first of two decisions). The local’s trade union status had been previously established. The Theatre argued that it was not the real employer because (1) the employees were employed by presenters who used the facilities or by People Bank, a contract labour supplier; and (2) as a Crown agency its works must be expressly appointed as public servants as per the Public Service Act and the stage employees were not so appointed. Alternatively, if the Theatre was the true employer, the employees would be public servants who would fall within the scope of existing collective bargaining relationships between the Crown and OPSEU or AMAPECO. The Theatre also disputed the proposed bargaining unit, proposing a street address and the exclusion of supervisors, office, clerical and sales staff. The Board directed that a representation vote be taken of “all stage employees in the employ of Elgin & Winter Garden Theatre Centre in the City of Toronto save and except Director of Production and persons above the rank of Director of Production.” With respect to the dispute regarding the proposed bargaining unit, the Board directed that ballots should be segregated and not counted until the Board so ordered or the parties agreed.