In this situation, this could getting you to personnel at a non-unionized shop could well be introduced to the existing negotiating unit courtesy a beneficial reconsideration software (and when there’s a suitable amount of help), in place of through a first for example software to possess degree. Inside our have a look at, the Board’s rules according out-of retail negotiating systems stays valid with respect to avoiding the excessive fragmentation which will result if the employees during the various other areas in the same town were included in additional bargaining tools.

The medical care globe when you look at the Alberta try, of course, very prepared, so that the geographic appropriateness out-of negotiating gadgets isnt likely in order to arise since the a problem from inside the degree process that frequently. Its more likely your Panel was requested to look at the problem in the context of an excellent successorship app. For the a great successorship context there works an assumption that existing bargaining liberties, and that current negotiating structures, will be maintained, unless of course the latest bargaining framework you to results from the new successorship exchange will get incorrect.

The big event that’s probably to help make the resulting negotiating framework incorrect was a consolidation off predecessor’s and successor’s businesses and a good mingling of these two workforces. Bodily intermingling out of two workforces produces precisely the version of situation that each labor connections board carry out find incorrect on the a first certification — negotiating liberties one to slash all over employees in the same category inside a similar area. Yet not, neither part forty two neither area 46 of the Work Connections Password, this new successorship parts, mention intermingling out-of employees or reduce Board’s powers to help you intermingling points. Its clear that Board is actually entitled to practice quite similar form of appropriateness data it you are going to having one minute otherwise then qualification of the identical boss, susceptible to the new assumption towards existing negotiating structures. George Adams, into the Canadian Work Law, 2d ed. (Canada Law book, 1993) writes:

Whenever intermingling involves the merger out-of one or two sets of unionized team, a screen will appear towards the existing bargaining structure to choose if maintaining this type of separate units will be warranted. The fresh chatrooms observe that the option of the staff regarding their negotiating representative might be honoured, unless to accomplish this do undermine mental cumulative negotiating. Well-balanced against this recognition of employees’ wishes is the taste to have single, all-staff member products. In which a conflict comes up anywhere between these rules requires, the attention off keeping commercial serenity is available and you can Balinese women personals undue fragmentation was eliminated. The fresh new requirements become applied inside choosing what is the appropriate bargaining equipment aren’t just like those people utilized in certification legal proceeding. Since chat rooms might just consider these qualification conditions, concern must get toward established negotiating legal rights so you’re able to new extent that they may relatively getting covered during the the fresh work construction. Ergo, a bargaining tool which could be suitable into a certification will get still prevail if it keeps turned-out alone possible regarding activities.

We need to make it clear one to such a discovering usually perhaps not instantly go after in every circumstances, particularly in situations in which there’s currently a beneficial unionized store inside the a great town

Other variables than just physical mingling out of personnel, then, can encourage a panel you to definitely maintaining geographically independent devices regarding employees courtesy a good successorship try incorrect. The new Alberta Panel in recent choice out of Southern area Serenity Fitness Device Zero. 20 Team Nurses Assn. et al. v. Mistahia Regional Health Power mais aussi al. (Unreported Alta. L.R.B. No. GE-1803, July twenty-six, 1996) said:

Appropriateness relating to good successorship application concerns balancing the new legal rights of your own relationship and you can employees in preserving a reliable bargaining dating, on the brand new facts of one’s workplace (such as for instance consolidation and intermingling), also reviewing the similar standards found in choosing appropriateness into the a certification application

The new Panel is not determining whether a good product was an appropriate device, but is choosing the brand new relative appropriateness from different systems. The right product or devices when you look at the a great successorship could well be people and this greatest harmony the appeal. (. )