Who is an employee?

The Code defines an employee as "any person employed by an employer and includes a dependent contractor and a private constable, but does not include a person who performs management functions or is employed in a confidential capacity in matters relating to industrial relations."

In keeping with its responsibility to promote collective bargaining and extend the Code's provisions to as many employees as possible, the Board takes the approach that it must not exclude persons from a bargaining unit unless it is satisfied that they perform management functions or are employed in a confidential capacity in matters relating to industrial relations, or that it would be inappropriate to include them.

Based on the facts of each case, the Board has found dispatchers, foremen, supervisors and mid-level managers to be employees within the meaning of the Code. Depending on the circumstances, they have been included in a bargaining unit with other employees, or placed in a separate bargaining unit.



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