The university’s position is that individuals in positions that manage staff are not part of the bargaining unit.
The definition of the United Steelworkers of Canada (USW) bargaining unit for general staff specifically excludes “people who exercise managerial functions or who are employed in a confidential capacity in matters relating to labour relations.”
This exclusion is stated right in the Ontario Labour Relations Act; the terms “managerial functions” and “confidential capacity” have a very specific legal meaning.
It is clear that general staff in grades 10-14 are specifically excluded.
The mediation/arbitration process that is underway between the university and USW is about which individuals in general staff grades 2-9 also fit into the legal exclusion, because of either their “managerial functions” or their “confidential capacity.”
The university has identified a number of positions that it believes do fit into the legal exclusion based on these 2 factors and the mediation/arbitration process about those positions is expected to continue over the next few months.