Certification of Bargaining Agent Decision by Canada Industrial Relations Board

Order No.: 12198-U IN THE MATTER OF THE Canada Labour Code - and - [NAME], applicant, - and - [NAME], Windsor, Ontario, employer, - and - [NAME], Local 625, intervenor. WHEREAS the [NAME] (the Board) has received an application for certification from [NAME] (the applicant), pursuant to section 24(1) of the Canada Labour Code (the Code ), seeking certification as bargaining agent for a unit of employees of [NAME] (the employer); AND WHEREAS the Board granted a request to intervene filed by the [NAME], Local 625 ([NAME]), as it asserted that it had bargaining rights for the employees in the [NAME], that the employer’s operations were within provincial jurisdiction and that it was filing an application under sections 35 and 44 of the Code involving the employer; AND WHEREAS the Board issued a bottom-line decision (see [NAME] , 2026 [NAME] LD 6143) in which it determined that the employer is a federal work, undertaking or business within the meaning of paragraph (b) of the definition of “federal work, undertaking or business” under section 2 of the Code and dismissed [NAME]’s application under sections 35 and 44 of the Code ; AND WHEREAS the employer opposed the application for certification, asserting that the positions of customer service representative, accounting clerk and business data analyst should be excluded from the [NAME], as they do not share a community of interest with the positions of traffic management centre agent, toll collector and toll supervisor, and that it is industry practice to exclude office or clerical employees from a [NAME] of this type; AND WHEREAS the employer also asserts that the employees in the positions of customer service representative, accounting clerk and business data analyst do not wish to be represented by the applicant; AND WHEREAS , in determining an appropriate [NAME], the Board will take into account the objectives of the Code and may consider such factors as community of interest, the long-term viability of the unit, the employer’s organizational structure, the practices and bargaining structures in the industry and the wishes of the employees seeking union representation; AND WHEREAS the evidence does not support the employer’s assertion that the positions of customer service representative, accounting clerk and business data analyst vary significantly from the positions of toll supervisor, toll collector and traffic management centre agent with respect to compensation, manner of payment, location of work and duties or that there is a clear demarcation between the two sets of positions; AND WHEREAS , apart from the business data analysts, which is a salaried position, all the employees in the [NAME] are paid on an hourly basis; AND WHEREAS the fact that the business data analysts, customer service representatives and traffic management centre agents work in secured areas does not support the employer’s assertion that the positions of business data analyst, customer service representative and accounting clerk are “siloed” from the positions of toll supervisor, toll collector and traffic management centre agent; AND WHEREAS , apart from the toll collectors who work at the [NAME] plaza, all the employees in the [NAME] work in an office environment; AND WHEREAS the [NAME] is composed of all non-managerial employees of the employer involved in the day-to-day operation, maintenance and rehabilitation of the [NAME]; AND WHEREAS the differences between the positions of customer service representative, accounting clerk and business data analyst and the positions of toll supervisor, toll collector and traffic management centre agent in terms of shift schedules and hours of work do not render the [NAME] inappropriate for collective bargaining, and these differences can be addressed in collective bargaining; AND WHEREAS the Board does not consider the wishes of individual employees or of employees in given positions but instead considers the overall wishes of all the employees in the unit that it has found to be appropriate for collective bargaining (see British Columbia Telephone Company (1977), 22 di 507 [1977] 2 Can LRBR 404; and 77 CLLC 16,108 (CLRB no. 99)); AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, the Board has found the applicant to be a trade union within the meaning of the Code , has determined the unit described hereunder to be appropriate for collective bargaining and is satisfied that a majority of the employees of the employer in the unit wish to have the applicant trade union represent them as their bargaining agent. NOW, THEREFORE , it is ordered by the [NAME] that [NAME] be, and it is hereby certified to be, the bargaining agent for a unit comprising: all employees of [NAME] working at the [NAME], excluding managers, those above the rank of manager and electricians. ISSUED at Ottawa, this 30 day of June, 2026, by the [NAME]. [NAME]-Chairperson Reference: File No. 039642-C