Employer Wins Exclusion of Assistant Manager from Bargaining Unit
📌 In brief
An employer successfully convinced the Canada Industrial Relations Board to exclude the assistant manager position from the bargaining unit, arguing that the position did not meet the definition of 'employee'.
⚖️ Legal holding
An employer may exclude a position from the bargaining unit if it does not meet the definition of 'employee'.
📖 Technical summary
The employer successfully excluded the assistant manager position from the bargaining unit.
📜 Headnote Official document
In this decision, the Canada Industrial Relations Board granted an employer's application to exclude the position of assistant manager from the bargaining unit, ruling that it did not meet the definition of 'employee' under the relevant code.
📚 Full judgment Official document
Order No.: 12174-U Supersedes: 12000-U IN THE MATTER OF THE [NAME] - and - [COMPANY], Pond Inlet, Nunavut, applicant, - and - [NAME], certified bargaining agent. WHEREAS the [NAME] (the Board), by order no. 12000‑U dated November 13, 2024, certified the [NAME] (the certified bargaining agent) as the bargaining agent for a unit of employees of the [COMPANY] (the employer) comprising: all employees of the [COMPANY], Pond Inlet, Nunavut, excluding the manager, [NAME] manager and casual employees. AND WHEREAS the Board has received an application from the employer, pursuant to section 18 of the [NAME] (the Code ), seeking to amend the said order by excluding the position of assistant manager from the unit on the basis that it does not meet the definition of “employee” under section 3(1) of the Code ; AND WHEREAS the certified bargaining agent is opposed to this application, claiming that the position of assistant manager is properly in the bargaining unit; AND WHEREAS , following investigation of the application and consideration of the submissions of the parties concerned, and for the reasons set out in [COMPANY] , 2026 CIRB 1240, the Board has determined that it is appropriate to grant the application. NOW, THEREFORE , the Board hereby declares that the [NAME] is the bargaining agent for a bargaining unit comprising: all employees of the [COMPANY], Pond Inlet, Nunavut, excluding the manager, the assistant manager, the [NAME] manager and casual employees. ISSUED at Ottawa, this 13th day of April, 2026, by the [NAME]. [NAME]-Chairperson Reference: File No. 039314-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer's application to exclude the assistant manager position was granted.
- The assistant manager position was excluded because it does not meet the definition of "employee".
- The Board amended the previous order to specifically exclude the assistant manager.
❌ Tends to be rejected
- The certified bargaining agent's claim that the assistant manager position belonged in the unit was rejected.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision allowed the employer to exclude the assistant manager position from the bargaining unit.
What was the dispute about?
The dispute was over whether the assistant manager position should be included in the bargaining unit.
How did the court decide, and why?
The court decided in favour of the employer, stating that the assistant manager position did not meet the definition of 'employee'.
Which laws or rules were applied?
No specific laws or rules were mentioned in the judgment.
What was the argument that mattered most?
The employer argued that the assistant manager position did not meet the definition of 'employee' under the relevant code.
Was the decision for or against the person who brought the case?
The decision was for the employer who brought the case.
What does this mean for someone in a similar situation?
For employers in a similar situation, they may be able to exclude certain positions from the bargaining unit if those positions do not meet the definition of 'employee'.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that were considered.