Local 58 v. Nasco Services Inc. [2002] O.L.R.D. No. 2825 (Ontario Labour Relations Board)

Application for certification (first of two decisions).  Nasco disputed the appropriateness and the local’s estimate of the number of employees in proposed bargaining unit.  The Board found that the proposed bargaining unit could be appropriate and ordered a representational vote of “all stage employees employed by Nasco Services Inc. in the City of Toronto save and except Supervisors and those above the rank of supervisor.”  All employees who were not at work on the application date were eligible to vote so long as there was a reasonable expectation of their return to employment.  One of the Board members dissented being of the view that employees on layoff would not have an employment relationship with the employer on the date of application.

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