Managerial exclusion (labour relations)

A buyer sorting out who is covered by an inherited union relationship meets this rule. Do not confuse it with the managerial or supervisory exemption, which concerns hours of work and overtime under employment standards law. See what due diligence applies to a unionized workplace.

Federal wording

In Part I of the Canada Labour Code, s.3(1), “employee” means 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.

Ontario wording

Section 1(3) of the Labour Relations Act, 1995 lists persons who are not deemed to be employees. Among them, and subject to s.97, no person is deemed to be an employee for the purposes of the Act who, in the opinion of the Board, exercises managerial functions or is employed in a confidential capacity in matters relating to labour relations. The Board’s opinion decides the question, so ask who holds those roles and whether the Board has ruled on them.

This entry covers federal law and Ontario only; check the rules where you are.