The Saskatchewan Labour Relations Board (“SLRB”) has released its first decision on the definition of “employee” under The Saskatchewan Employment Act (“SEA”).  The decision suggests that the SLRB will not be taking a drastically different approach from the one followed under The Trade Union Act. When the SEA came into force around a year ago, it changed the definition of “employee” such that it expressly excluded individuals carrying out duties that directly impact members of bargaining unit, including labour relations; business strategic planning; policy advice; and budget implementation or planning duties.  The effect of this definition is to exclude such positions from collective bargaining. In the recently released decision in RWDSU v. Battlefords District Co-operative Limited, the employer had sought to exclude employees from the union on the basis of the new definition of “employee”.  The employer also argued that the SLRB did not have jurisdiction to interfere with the exclusion of these positions.  The SLRB rejected this argument. The SLRB confirmed that it has jurisdiction to deal with determination of whether an employee falls within the statutory definition of “employee”.  It also reaffirmed the existing policy that when there is a disagreement over the exclusion of a new position from an “all employee” bargaining unit, the position should be placed within the bargaining unit until it is excluded by order of the SLRB. Perhaps most importantly, the SLRB indicated that the purpose and nature of exemptions from the definition remain unchanged and are fact dependent, and that the change in the legislation should not be viewed as a “green light” to seek to remove positions from a bargaining unit in the absence of a material change. About the author: David is a partner in the Saskatoon office where he practices in the areas of civil litigation, administrative law, employment/labour law, and corporate/ commercial law. About McKercher LLP: McKercher LLP is one of Saskatchewan’s oldest, largest law firms with offices in Saskatoon and Regina. Our deep roots and client-first philosophy have made us a top ranked firm by Canadian Lawyer magazine (2011, 2013). Expertise, experience and capacity provide innovative solutions for our clients’ diverse legal issues and complex business transactions.