Union Certified as Bargaining Agent for Truck Drivers and Shunters
📌 In brief
The Canada Industrial Relations Board certified a union as the bargaining agent for a group of truck drivers and shunters, excluding certain positions like factory employees and supervisors. The board also reserved the right to reconsider the unit's description after resolving a dispute over an employee's inclusion.
⚖️ Legal holding
An employer must exclude certain positions from a bargaining unit if they do not meet the statutory definition.
📖 Technical summary
The Board certified the union as bargaining agent for a unit of truck drivers and shunters, excluding certain positions.
📜 Headnote Official document
The Canada Industrial Relations Board certified the applicant union as bargaining agent for a unit of truck drivers and shunters, excluding factory employees, supervisors, and those covered by an existing collective agreement. The Board reserved jurisdiction to reconsider the unit's description once the issue of a disputed employee was resolved.
📚 Full judgment Official document
Interim Order No.: 12193-U IN THE MATTER OF THE Canada Labour Code - and - United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers), applicant, - and - [COMPANY], a division of [COMPANY], Moosomin, Saskatchewan, employer. WHEREAS the Canada Industrial Relations Board (the Board) has received an application for certification from the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) (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 [COMPANY], a division of [COMPANY] (the employer), comprising: all employees employed as truck drivers and shunters at [COMPANY], a division of [COMPANY] in the Province of Ontario, save and except factory employees, supervisors and those above the rank of supervisor, those employed in a confidential capacity with respect to labour relations, and those covered by an existing collective agreement. AND WHEREAS the employer does not object to the applicant’s proposed [NAME] description but disputes the inclusion of one employee who holds the position of tanker drying & preventative maintenance technician (the disputed employee) on the basis that he does not perform shunting work; AND WHEREAS the applicant maintains that the disputed employee should be included in the [NAME] because he performs shunting work in the yard at the [NAME]; AND WHEREAS the Board has found that there is insufficient information on file regarding the appropriateness of including the disputed employee in the [NAME]; 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 [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; AND WHEREAS the Board concluded that majority support for the applicant would not be affected by its determination with respect to the disputed employee; AND WHEREAS the Board, pursuant to section 20(1) of the Code , reserves its jurisdiction with respect to the final [NAME] description; AND WHEREAS the Board, pursuant to its powers under section 20(1) of the Code , and being satisfied that it can do so without prejudice to the rights of the parties concerned, deems it appropriate: to certify the applicant as bargaining agent for the employees in the [NAME] described hereunder; and to reserve its jurisdiction to reconsider the description of the [NAME] once it has determined the issue of the inclusion of the disputed employee. NOW, THEREFORE , it is ordered by the Canada Industrial Relations Board that the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (United Steelworkers) be, and it is hereby certified to be, the bargaining agent for a unit comprising: all employees employed as truck drivers and shunters at the [COMPANY], a division of [COMPANY] in the province of Ontario, excluding factory employees, supervisors and those above the rank of supervisor, those employed in a confidential capacity with respect to labour relations and those covered by an existing collective agreement. ISSUED at Ottawa, this 25th day of June, 2026, by the Canada Industrial Relations Board. [NAME]-Chairperson Reference: File No. 039978-C
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The applicant argued that the disputed employee performs shunting work in the yard and should therefore be included in the bargaining unit.
- The Board found that the disputed employee's role in performing shunting work was sufficient to include him in the unit.
❌ Tends to be rejected
- The employer argued that the disputed employee does not perform shunting work and thus should not be included in the bargaining unit.
- The Board found insufficient evidence to definitively exclude the disputed employee based solely on his job title.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The decision certified the union as the bargaining agent for a unit of truck drivers and shunters, excluding certain positions.
What was the dispute about?
The dispute was about whether a tanker drying and preventative maintenance technician should be included in the bargaining unit.
How did the court decide, and why?
The court decided to certify the union as the bargaining agent but reserved jurisdiction to reconsider the unit's description once the issue of the disputed employee was resolved.
Which laws or rules were applied?
The decision was made under the Canada Labour Code.
What was the argument that mattered most?
The argument that mattered most was whether the disputed employee performed shunting work and thus met the statutory definition for inclusion in the bargaining unit.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, certifying the union as the bargaining agent.
What does this mean for someone in a similar situation?
For someone in a similar situation, it means that a union can be certified as a bargaining agent for a specific group of workers, provided the statutory requirements are met.
What evidence or documents mattered?
The judgment does not specify the evidence or documents that mattered.