Union Certified as Bargaining Agent for Operations Supervisors
📌 In brief
The Canada Industrial Relations Board certified the International Longshore and Warehouse Union as the bargaining agent for operations supervisors at a grain terminal in Surrey, BC. The board rejected the employer's claims that these workers were ineligible for inclusion in a bargaining unit.
⚖️ Legal holding
Employees performing supervisory functions are eligible for inclusion in a bargaining unit under the Canada Labour Code.
📖 Technical summary
The Board certified the union as the bargaining agent for the proposed unit of operations supervisors.
📜 Headnote Official document
The Board certified the union as the bargaining agent for a unit comprising all operations supervisors working at and from the employer's facility in Surrey, BC, rejecting the employer's arguments that these employees were ineligible for inclusion in a bargaining unit.
📚 Full judgment Official document
Order No.: 12172-U IN THE MATTER OF THE Canada Labour Code - and - International Longshore and Warehouse Union Ship and Dock Foremen, Local 514, applicant, - and - [COMPANY]., Surrey, British Columbia, employer. WHEREAS the [NAME] ( the Board) has received an application for certification pursuant to section 24(1) of the Canada Labour Code (the Code ) from the applicant seeking certification as bargaining agent for the following proposed bargaining unit of employees of [COMPANY].: All Operations Supervisors working at and from the Fraser Grain Terminal facility in Surrey, B.C. AND WHEREAS the employer does not agree with the applicant’s proposed bargaining unit description, alleging that the operations supervisors are not employees under Part I of the Code , but rather perform management functions and/or are employed in a confidential capacity, and are therefore not eligible for inclusion in a bargaining unit; AND WHEREAS , in the alternative, the employer submits that the application should be dismissed on the basis that establishing a second bargaining unit in the workplace would result in an unnecessary and inappropriate proliferation of bargaining units; AND WHEREAS , following investigation of the application, consideration of the submissions of the parties concerned and for the reasons set out in [COMPANY]. , 2026 CIRB LD 6044, the Board has determined that the individuals covered by the application are employees within the meaning of the Code , and that the unit described hereunder is appropriate for collective bargaining; AND WHEREAS the Board has also found the applicant to be a trade union within the meaning of the Code 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 the International Longshore and Warehouse Union Ship and Dock Foremen, Local 514 be, and it is hereby certified to be, the bargaining agent for a unit comprising: all operations supervisors working at and from the [COMPANY]. facility in Surrey, British Columbia. ISSUED at Ottawa, this 2nd day of April, 2026, by the [NAME]. [NAME]: File No. 039211-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The operations supervisors are considered employees under Part I of the Canada Labour Code.
- A majority of the operations supervisors want the International Longshore and Warehouse Union Ship and Dock Foremen, Local 514, to represent them.
- Establishing a bargaining unit for operations supervisors does not lead to an unnecessary proliferation of bargaining units.
❌ Tends to be rejected
- The argument that operations supervisors perform management functions and are thus ineligible for inclusion in a bargaining unit was rejected.
- The claim that operations supervisors are employed in a confidential capacity and therefore not eligible for inclusion in a bargaining unit was not accepted.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision certified the International Longshore and Warehouse Union as the bargaining agent for operations supervisors at a grain terminal in Surrey, BC.
What was the dispute about?
The dispute was about whether operations supervisors were eligible to be included in a bargaining unit under the Canada Labour Code.
How did the court decide, and why?
The court decided to certify the union as the bargaining agent, finding that the operations supervisors were employees within the meaning of the Code and that they wished to be represented by the union.
Which laws or rules were applied?
The Canada Labour Code was applied.
What was the argument that mattered most?
The argument that mattered most was that the operations supervisors were employees and thus eligible for inclusion in a bargaining unit.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, the union.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that operations supervisors may be eligible for inclusion in a bargaining unit if they meet the criteria under the Canada Labour Code.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.