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Double Majority Test for Expanding a Bargaining Unit - Canada Industrial Relations Board Decision

Case No.

πŸ“Œ In brief

In this case, the Canada Industrial Relations Board approved the expansion of a bargaining unit after confirming that the double majority test was satisfied. This decision applies the criteria set forth in the Canada Labour Code.

βš–οΈ Legal holding

An employer must meet the double majority test for expanding a bargaining unit under the Canada Labour Code.

Topics

double majority testbargaining unit expansion

πŸ“– Technical summary

The Canada Labour Code's double majority test was satisfied, expanding the bargaining unit.

πŸ“œ Headnote Official document

The Canada Industrial Relations Board confirmed the application to expand a bargaining unit after determining that the double majority test was met, as per the Canada Labour Code.

πŸ“š Full judgment Official document

Order No.: 12166-U Supersedes: 12034-U IN THE MATTER OF THE Canada Labour Code - and - [NAME], applicant, - and - [COMPANY]., MontrΓ©al, Quebec, employer. WHEREAS the [NAME] (the Board), by order no. 12034‑U dated January 17, 2025 (which superseded order no. 6766-U), certified [NAME] (the applicant) as the bargaining agent for a [NAME] of employees of [COMPANY]. (the employer); AND WHEREAS the Board has received an application from the applicant, pursuant to section 18 of the Canada Labour Code , seeking to amend order no. 12034‑U; AND WHEREAS the employer is not opposed to this application but seeks to ensure that the double majority test is met; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that the application to review the existing certification order is an application to expand the bargaining [NAME]; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, the Board has determined that the double majority test applicable in an application to expand a bargaining [NAME] is met and that there is evidence before it that there is majority support among the group of employees to be added to the bargaining [NAME] and majority support within the overall expanded bargaining [NAME]; 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 Board hereby confirms that [NAME] is the bargaining agent for a bargaining [NAME] comprising: all employees of CTV Drama Channel, [NAME], CTV Life Channel, MTV, Much, CTV Sci-Fi Channel, E! and CP24, divisions of [COMPANY]., including social media specialists on CTV specialty [NAME], excluding: - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - creative directors - creative media associates - executive [NAME] - executive producers - head of development/[NAME] - independent [NAME] development officers - [NAME] directors ([NAME] media) - [NAME] - [NAME] producers - [NAME] - [NAME] managers - [NAME] producers - [NAME] research analysts - media licensing - [NAME] senior - [NAME] - producers (except segment and field) - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - [NAME] - publicity managers - [NAME] - [NAME] specialists - [NAME] - security officers - [NAME] - senior copywriters - [NAME] - [NAME] - [NAME] - senior music directors – music - senior [NAME] - senior [NAME] - senior security administrators - [NAME] - [NAME] - [NAME] - [NAME] - associate managers and managers - associate directors and directors - all [NAME] employees and employees in the [NAME] department - all employees of the legal and human resources departments - all employees covered by another certification order - [NAME], excluding those listed in the collective bargaining agreement - analyst, revenue management - analyst, [NAME] - [NAME] analyst - senior analyst, [NAME] - chase producers ([NAME]) - [NAME] - deputy [NAME] - [NAME] (excluding web [NAME]) - [NAME] broadcast journalists - [NAME] (management) - [NAME] specialists – sponsored [NAME] - on-air talent (including reporters, anchors, hosts, co-hosts, [NAME]) - [NAME] - specialist, technical training - specialist, [NAME] management - specialist, [NAME] manager - senior audience [NAME] - [NAME] - stylists - [NAME] coordinator - [NAME] administrator - [NAME] manager - [NAME] ([NAME]) - [NAME] strategy & planning, [NAME] monetization specialist - managers - [NAME], standards & practices - [NAME] coordinator/specialist/manager - technical [NAME] specialist/manager - all those above the rank of manager - broadcast associate ([NAME]) - [NAME] ([NAME] media) - [NAME] ([NAME]) - social media managers - [COMPANY] - [NAME] - [NAME] - business affairs analyst - [NAME] - media specialists [NAME] - [NAME] (management) - [NAME] coordinator - [NAME] coordinator - [NAME] streaming coordinator - [NAME] coordinator - [NAME] - [NAME] coordinator - coordinator – media licensing business affairs - accounts receivable coordinator - billing coordinator - [NAME] coordinator - [NAME] coordinator (senior) - talent coordinator – Etalk - social media coordinator – The Social Clarity Note: The bargaining [NAME] includes but is not limited to all social media specialists working on Bell Media-produced specialty [NAME] (E-Talk, The Social, The Good Stuff with Mary Berg, and CTV Your Morning) ISSUED at Ottawa, this 20th day of March, 2026, by the [NAME]. [NAME]-Chairperson Reference: File No. 039240-C

βš–οΈ What tends to weigh in cases like this

βœ… Tends to be accepted

  • The application sought to expand the bargaining unit under the Canada Labour Code.
  • The employer was not opposed to the application but wanted to ensure the double majority test was met.
  • There was evidence of majority support among the group of employees to be added to the bargaining unit.
  • There was evidence of majority support within the overall expanded bargaining unit.

Patterns observed in similar cases in this collection β€” every case is unique.

❓ Frequently asked questions

What did this decision decide?

The decision confirmed the application to expand a bargaining unit after verifying that the double majority test was met.

What was the dispute about?

The dispute was about whether the double majority test was satisfied for expanding the bargaining unit.

How did the court decide, and why?

The court decided to allow the expansion of the bargaining unit because the double majority test was satisfied, ensuring majority support among the employees to be added and within the overall expanded unit.

Which laws or rules were applied?

The Canada Labour Code was applied, specifically the double majority test for expanding a bargaining unit.

What was the argument that mattered most?

The argument that mattered most was proving that the double majority test was met, which included showing majority support among the employees to be added and within the overall expanded bargaining unit.

Was the decision for or against the person who brought the case?

The decision was for the person who brought the case, confirming the expansion of the bargaining unit.

What does this mean for someone in a similar situation?

For someone in a similar situation, meeting the double majority test is crucial for successfully expanding a bargaining unit.

What evidence or documents mattered?

The judgment does not specify the exact evidence or documents used to prove the double majority test was met.

Official source: Canada Industrial Relations Board β€” headnote and full judgment reproduced from the court's public records. View on the official source β†—Summary, holding, technical summary and questions: produced by Artificial Intelligence based on the official headnote and judgment. These are VadeLab’s own material and are not the work of the Court.This decision was issued by the Canada Industrial Relations Board and is reproduced from its published records. VadeLab is not affiliated with, and this page is not endorsed by, that court or tribunal.
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