Board Amends Bargaining Unit Excluding Management Positions
📌 In brief
The Canada Industrial Relations Board ruled on a case where an employer requested to exclude certain positions from a bargaining unit. The board agreed to exclude these positions after determining they were management roles.
⚖️ Legal holding
An employer may exclude certain positions from a bargaining unit if they are deemed management positions under the Canada Labour Code.
📖 Technical summary
The Canada Industrial Relations Board amended the bargaining unit to exclude certain management positions.
📜 Headnote Official document
The Canada Industrial Relations Board amended the bargaining unit to exclude certain positions considered management roles, following an application by the employer under the Canada Labour Code.
📚 Full judgment Official document
Order No.: 12182-U Supersedes: 10392-U IN THE MATTER OF THE Canada Labour Code - and - Halifax International Airport Authority, Halifax, Nova Scotia, applicant, - and - Public Service Alliance of Canada, respondent. WHEREAS the Canada Industrial Relations Board (the Board), by order no. 10392‑U dated April 18, 2013, certified the Public Service Alliance of Canada as the bargaining agent for a unit of employees of the Halifax International Airport Authority ([NAME]); AND WHEREAS the Board has received an application from the [NAME], pursuant to section 18 of the Canada Labour Code , seeking to amend the said order by excluding four positions that the [NAME] considers to be management positions and a fifth position related to access to confidential information; AND WHEREAS , with the assistance of the Board’s Industrial Relations Officer, the parties have agreed that the following positions will be included in the scope of the bargaining unit: sustainability & environmental, social and governance manager (previously manager, sustainability and environment ); manager, communications; enterprise information security architect (previously manager, information security); airport experience manager ; and air terminal infrastructure manager . AND WHEREAS the parties agreed that the positions of senior manager, safety, resilience and risk, and senior manager, business solutions, will be excluded from the bargaining unit; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that it is appropriate to grant the application. NOW, THEREFORE , the Canada Industrial Relations Board hereby confirms that the Public Service Alliance of Canada is the bargaining agent for a bargaining unit comprising: all employees of the Halifax International Airport Authority, excluding : - president & CEO - executive assistant to the president & CEO - vice-presidents - executive assistants to vice-presidents - directors - legal counsel - legal coordinator - senior manager, airport facilities - manager, facilities - senior manager, emergency response & airside services - manager, airside services - senior manager, security - senior manager, safety, resilience and risk - senior manager, operations - senior manager, contracting & procurement - senior manager, information technology - senior manager, business solutions - manager, people services - manager, payroll services - generalist, people - senior manager, cargo - manager, security operations & physical security - senior manager, planning & process development - casual employees. ISSUED at Ottawa, this 5th day of May, 2026, by the Canada Industrial Relations Board. [NAME]-Chairperson Reference: File No. 036487-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The positions considered management roles were appropriately excluded from the bargaining unit.
- The agreement between the parties on which positions should be excluded helped support the application.
- The investigation and consideration of the positions by the Board confirmed their status as management roles.
❌ Tends to be rejected
- There are no arguments identified as rejected by the court in this decision.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Canada Industrial Relations Board decided to amend the bargaining unit to exclude certain positions considered management roles.
What was the dispute about?
The dispute was about whether certain positions within an organization should be included in the bargaining unit or excluded as management roles.
How did the court decide, and why?
The court decided to exclude the specified positions from the bargaining unit because they were classified as management roles.
Which laws or rules were applied?
The Canada Labour Code was applied in this decision.
What was the argument that mattered most?
The argument that mattered most was that the positions in question were management roles and thus should be excluded from the bargaining unit.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, as the positions were excluded from the bargaining unit.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that positions considered management roles can be excluded from a bargaining unit.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.