54 (1) An employer may assign a person employed by it to a position which, in the opinion of the employer, involves the exercise of managerial functions or employment in a confidential capacity in matters relating to labour relations, but, subject to subsection (4), the assignment is not conclusive of the question of whether the person does exercise such functions or is employed in such capacity. Board to decide status (2) Subject to subsection (4), the Board, on application of an employer, has exclusive jurisdiction to determine any question as to whether a person exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations, and its decision is final and conclusive for all purposes. Same (3) Subject to subsection (4), a person shall remain in the bargaining unit until the Board makes a determination under subsection (2), unless the parties otherwise agree. Designation (4) Subject to subsections (5) and (8), an employer may, in its sole discretion, designate a person described in subsection (1) as a person who shall for purposes of this Act be conclusively deemed to be exercising managerial functions or acting in a confidential capacity in matters relating to labour relations. Consent required (5) An employer shall not designate a person under subsection (4) unless the person consents to the designation. If no consent (6) If a person does not consent to a designation under subsection (4), the employer shall assign the person to a position in the bargaining unit. If the position to which a person is assigned has a lower salary than the position held by the person before the assignment, he or she is entitled to be paid the same salary and to receive the same benefits after the assignment as he or she was paid and received before the assignment. Revocation (7) A designation under subsection (4) may be revoked by the employer at any time. Restriction (8) An employer shall not designate under subsection (4) more than, (a)  two persons, if the employer employs fewer than 25 persons; (b)  three persons, if the employer employs 25 or more but fewer than 150 persons; (c)  four persons, if the employer employs 150 or more but fewer than 300 persons; or (d)  five persons, if the employer employs 300 or more persons.  1997, c. 4, s. 54 (1-8). Amalgamations (8.1) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters amalgamate, the amalgamated municipality is entitled under subsection (4) to designate the number of persons that is equal to the sum of the numbers of persons that each of the amalgamating municipalities would have been able to designate immediately before the amalgamation. Dissolutions and incorporations (8.2) If, after the day on which subsection 3 (2) of the Public Sector Dispute Resolution Act, 1997 comes into force, two or more municipalities that are employers of firefighters are dissolved and the inhabitants of the municipalities are incorporated in a new municipality, subsection (8.1) shall apply as if the dissolved municipalities were amalgamating municipalities and the new municipality was an amalgamated municipality.  1997, c. 21, Sched. A, s. 3 (2). Calculating number of persons employed (9) For the purposes of subsection (8), the number of persons employed by the employer is the sum of, (a)  the number of persons employed by the employer who are firefighters; and (b)  the number of persons who are performing or conclusively deemed to be performing managerial functions with respect to firefighters or acting in a confidential capacity in matters relating to labour relations with respect to firefighters.  1997, c. 4, s. 54 (9). Section Amendments with date in force (d/m/y) 1997, c. 21, Sched. A, s. 3 (2) - 29/10/1997