Board to determine appropriateness of units
6.  (1) Subject to subsection (2), upon an application for certification, the Board shall determine the unit of employees that is appropriate for collective bargaining, but in every case the unit shall consist of more than one employee and the Board may, before determining the unit, conduct a vote of any of the employees of the employer for the purpose of ascertaining the wishes of the employees as to the appropriateness of the unit. Certification pending resolution of composition of bargaining unit (2) Where, upon an application for certification, the Board is satisfied that any dispute as to the composition of the bargaining unit cannot affect the trade union’s right to certification, the Board may certify the trade union as the bargaining agent pending the final resolution of the composition of the bargaining unit. R.S.O. 1990, c.L.2, s.6(1,2). Full-time and part-time employees (2.1) A bargaining unit consisting of full-time employees and part-time employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining. Separate full-time and part-time units (2.2) Despite subsection (2.1), the Board shall determine that separate bargaining units for full-time and for part-time employees are appropriate if it is satisfied that less than 55 per cent of the employees in a single unit of full-time and part-time employees are members of the trade union on the date the union applies for certification or have applied to become members on or before that date. However, the Board may determine that one bargaining unit consisting of both full-time and part-time employees is appropriate if establishing two units would result in a unit consisting of only one employee. Non-application (2.3) Subsections (2.1) and (2.2) do not apply with respect to bargaining units of employees described in subsection (3) or bargaining units in the construction industry. Combining full-time and part-time units (2.4) On an application for certification to which subsection (2.2) applies, the Board shall combine the bargaining units for full-time and for part-time employees into one bargaining unit if it is satisfied that the trade union could otherwise be certified as the bargaining agent for the employees in each of the bargaining units separately. Existing bargaining unit (2.5) Despite subsections (2.1) and (2.2), the Board may determine that separate bargaining units for full-time and for part-time employees are appropriate if the trade union applying for certification or another trade union is the bargaining agent for either the full-time or the part-time employees. 1992, c.21, s.7(1). Crafts units (3) Any group of employees who exercise technical skills or who are members of a craft by reason of which they are distinguishable from the other employees and commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or crafts shall be deemed by the Board to be a unit appropriate for collective bargaining if the application is made by a trade union pertaining to the skills or craft, and the Board may include in the unit persons who according to established trade union practice are commonly associated in their work and bargaining with the group, but the Board shall not be required to apply this subsection where the group of employees is included in a bargaining unit represented by another bargaining agent at the time the application is made. R.S.O. 1990, c.L.2, s.6(3). Members of professions (4) Subsections (4.1) and (4.2) apply with respect to employees who are entitled to practise one of the following professions in Ontario and who are employed in their professional capacity: 1. Architecture. 2. Dentistry. 3. Engineering. 4. Land Surveying. 5. Law. Idem, bargaining unit (4.1) A bargaining unit consisting solely of employees who are members of the same profession shall be deemed by the Board to be a unit of employees appropriate for collective bargaining. Idem (4.2) Despite subsection (4.1), the Board may include the employees described in subsection (4.1) in a bargaining unit with other employees if the Board is satisfied that a majority of the employees described in subsection (4.1) wish to be included in the bargaining unit. 1992, c.21, s.7(2). Dependent contractors (5) A bargaining unit consisting solely of dependent contractors shall be deemed by the Board to be a unit of employees appropriate for collective bargaining but the Board may include dependent contractors in a bargaining unit with other employees if the Board is satisfied that a majority of the dependent contractors wish to be included in the bargaining unit. R.S.O. 1990, c.L.2, s.6(5). Security guards (6) A bargaining unit consisting solely of guards who monitor other employees shall be deemed by the Board to be a unit of employees appropriate for collective bargaining, (a) if the applicant trade union or the employer requests that the Board do so; and (b) if the Board is satisfied that the monitoring of other employees would give rise to a conflict of interest if the guards were included in a bargaining unit with the employees they monitor. Idem (7) The Board may include other guards in the bargaining unit described in subsection (6). 1992, c.21, s.7(3).