STATUS UNDER COLLECTIVE BARGAINING

Introduction (In a Canadian Context)

Collective bargaining legislation determines who is entitled to bargain collectively and who is excluded. Notably, managers, independent contractors, public workers, privileged employees, confidential employees, and whomever else the statute says so may be excluded. This gives rise to the threshold question of “who is an employee”? The two most commonly cited tests are the Montreal Locomotive Test and the “purposive” aka Hearst test.