Managerial Employees & Near-Employees
Student nurses, medical residents, articling law students, etc.
o may have acess to bargaining where the relationship resembles a tradtional
In Ontario, people receiving work-fare are explicitly excluded.
Trade Unions often prefer arms-length distance between MGMT and union.
Typically a bright line is drawn, but not always that clear
we are trying to avoid a conflict of interest
BC also recognizes a third category of "supervisors"
Children's Aid Society of Ottawa-Carleton  O.L.R.D
whether certain employees described as "supervisors" could form part of the
supervisors front-line of management, supervise the bargaining unit employees
o job description emphasizes supervisorial role
o take a course in interactive management, hired specifically for management
do performance reviews
play role in hiring via interviewing panels
help determine whether probationary employees will be kep on
carry out performance and attendance reviews
play role in counselling and disciplining employees
o formal discipline more likely to come from further up.
role in decision making, greivance procedure.
since employer resisting certification, must establish, on BoP that the supervisors are
MGMT and not part of bargaining unit.
"Thunder Bay" requires arms-lenght distance between sides to avoid conflicting
interests on the shop floor.
Ford Case dealt with foremen
o foremen could persuade workers to act against interest.
Whether someone is a manager goes to the question to which the "managerial
employee" makes decisions which affect the economic live of their fellow employees,
raising a possible conflict of interest.
Factors from BC Case
o labour relations input
o hiring, promotion, demotion.
The size of the business may be relevant
o in large business, more likelihood of hierachical approach, but in small
business all mgmt likely done by one or two employees.
New "flat" managerial structures prevalent in cooperative, professional workplaces
may make it hard to distinguish, paticularly where there are collegial modes of
decision making, and performance management through counselling. here workplace non-traditional, aimed at "interactive management" rather than
however, supervisors nonetheless exercise a managerial role
o play role in hiring and promotion, even though final decision made by
consensus rather than a single ultimate authority
o complete control over preformance review process
o supervisors are the eyes and ears of MGMT vis-a-vis disciopline.
o supervisors engaged full-time in supervisory work and do not share the duties
of the bargaining unit.
Placing supervisors into a sepearte bargaining unit won't help, since the conflict of
interest will still remain.
o plus the employer has a reasonable expectation that its mangement team will
be undivided in its loyalty.
Basically, it seems like the degree to which the supervisors engage in typically
management actiivties will determine whether they can count as employees
o labour relations input
o hiring, promotion, demotion
if an employ