Certification of Bargaining Agent Excluding Office Staff
📌 In brief
The Canada Industrial Relations Board decided to certify the applicant as the bargaining agent for a group of workers, excluding office and clerical staff. This decision came after considering whether operations supervisors should be included in the bargaining unit.
⚖️ Legal holding
The operations supervisors should be included in the bargaining unit.
📖 Technical summary
The Board certified the applicant as the bargaining agent for a unit of employees excluding office and clerical staff.
📜 Headnote Official document
The Canada Industrial Relations Board certified the applicant as the bargaining agent for a unit of employees excluding office and clerical staff, after considering the inclusion of operations supervisors in the bargaining unit.
📚 Full judgment Official document
Order No.: 12195-U Supersedes: 12181-U IN THE MATTER OF THE Canada Labour Code - and - [NAME], applicant, - and - [NAME], Mississauga, Ontario, employer. WHEREAS the Canada Industrial Relations Board (the Board) received an application for certification from the [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 the [NAME] (the employer); AND WHEREAS the employer opposed the bargaining unit proposed by the applicant by arguing that the operations supervisors should be included in the unit; AND WHEREAS the applicant argued that the operations supervisors should be excluded from the bargaining unit; AND WHEREAS the Board, by interim order no. 12181-U dated May 1, 2026, certified the applicant as the bargaining agent for a unit of employees of the employer comprising: all employees employed by the [NAME] in Fort McMurray, Alberta, excluding office and clerical employees. AND WHEREAS , pursuant to its powers under section 20(1) of the Code , the Board reserved its jurisdiction with respect to the final description of the bargaining unit; AND WHEREAS , by letters dated June 16, 2026, the parties advised the Board that they agreed that the individuals occupying the position of operations supervisor should be included in the bargaining unit; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, including the fact that the parties have agreed that the incumbents in the position of operations supervisor should be included in the bargaining unit, the Board has found the applicant to be a [NAME] 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 [NAME] represent them as their bargaining agent. NOW, THEREFORE , it is ordered by the Canada Industrial Relations Board that the [NAME] be, and it is hereby certified to be, the bargaining agent for a unit comprising: all employees employed by the [NAME] in Fort McMurray, Alberta, excluding office and clerical employees. ISSUED at Ottawa, this 26th day of June, 2026, by the Canada Industrial Relations Board. [NAME]-Chairperson Reference: File No. 038860-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The operations supervisors should be included in the bargaining unit because the employer and the applicant agreed on this inclusion.
- The Board found that a majority of the employees in the unit wished for the applicant to represent them as their bargaining agent.
- The Board determined that the unit described was appropriate for collective bargaining after considering the parties' submissions.
❌ Tends to be rejected
- The argument that the operations supervisors should be excluded from the bargaining unit was rejected since both parties agreed to include them.
- The opposing stance that the operations supervisors should not be part of the bargaining unit was dismissed due to mutual agreement between the applicant and the employer.
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 certified the applicant as the bargaining agent for a unit of employees excluding office and clerical staff.
What was the dispute about?
The dispute was over whether operations supervisors should be included in the bargaining unit.
How did the court decide, and why?
The court decided to include operations supervisors in the bargaining unit because both parties agreed to it.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The agreement between the parties regarding the inclusion of operations supervisors was the central argument.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, certifying them as the bargaining agent.
What does this mean for someone in a similar situation?
Someone in a similar situation can seek certification as a bargaining agent if both parties agree on the composition of the bargaining unit.
What evidence or documents mattered?
The judgment does not specify any particular evidence or documents.