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53 In the conduct of proceedings before it and in rendering an arbitral award in respect of a matter in dispute, the Board shall consider

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• (c) the need to establish terms and conditions of employment that are fair and reasonable in relation to the qualifications required, the work performed, the responsibility assumed and the nature of the services rendered, and

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3 In this Part,

person employed in a managerial or confidential capacity

person employed in a managerial or confidential capacity  means any person who

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• (c) is employed by an employer and, in connection with an application for certification of a bargaining agent for a bargaining unit, is designated by the Board, or, in any case where a bargaining agent for a bargaining unit has been certified by the Board, is designated in prescribed manner by the employer or by the Board on objection thereto by the bargaining agent, to be a person

  • (i) who has executive duties and responsibilities in relation to the development and administration of employer programs,

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  • (iii) who is required by reason of the duties and responsibilities of that person to deal formally on behalf of the employer with a grievance presented in accordance with the grievance process provided by this Part,

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  • (v) who is not otherwise described in subparagraph (i), (ii), (iii) or (iv) but who, in the opinion of the Board, should not be included in a bargaining unit by reason of his duties and responsibilities to the employer; (personne occupant un poste de direction ou de confiance)

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Marginal note:Application by council of organizations

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• (2) The Board may certify a council of employee organizations as bargaining agent for a bargaining unit where the Board is satisfied that

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  • (b) each of the employee organizations forming the council has vested appropriate authority in the council to enable it to discharge the duties and responsibilities of a bargaining agent.