Royal and McPherson Theatres Society v. Local 168 [2001] B.C.L.R.B.D. No. 316 (BC Labour Relations Board)

Local 168 applied for a declaration that certain excluded positions (i.e., Technical Director, Box Office Manager, Front of House Manager and Director of Finance) should be included in the bargaining unit.  The local had agreed to the exclusion of these positions but later argued that its agreement was rendered void because of a change of circumstances/restructuring of responsibilities in the workplace.  The Board held that the local had not followed the proper procedure in asking for the certificate to be modified by way of a declaration.  According to the Board, the local would have to first organize the excluded employees before seeking to expand the scope of the bargaining unit through the certification process.

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