Facts E-Gardening is a company, which provides lawn and garden services through an app (the "App"). The App matches between private and commercial residence owners ("Owners") and talented gardeners ("Talented Gardeners") in the GTA. Owners, who use the App, can choose from a variety of options to describe the work they are looking for and/or browse through the list of Talented Gardeners subscribed to the App, check their ratings and reviews, previous work, and choose who they would like to hire. The App may also make recommendation for "the perfect match" Talented Gardener based on the description of work. Owners are then required to implement a detailed questionnaire on the App, which upon completion generates a customized contract for the Owner and Talented Gardener to sign online. A final non-refundable quote is also generated by the App. Once the Owner consents to the App Terms of Contract and the price, the Talented Gardener may either accept or reject. The Owner then has to pay in full through the App. The Talented Gardener gets 70% and E-Gardening gets 30% of each transaction. Some Talented Gardeners own small gardening businesses or work for other gardening companies and use the App for additional income. As per the Terms of Use signed by each Talented Gardener upon subscribing to the App, Talented Gardeners are all "independent contractors", responsible for acquiring gardening tools that meet E-Gardening safety protocols and for obtaining liability insurance. Around 250 Talented Gardeners in the GTA are currently subscribed to and offer their services through this App. In addition, E-Gardening employs in its Toronto office: 30 product development employees, 5 product managers, 10 marketing & sales employees, 20 employees in Customer Services and Communications department, 20 employees in Data Science & Analytics, and 5 employees in the Human Resources department, President and Vice President ("VP"). Kate is a Talented Gardener, who is unhappy with how E-Gardening is treating her and her work buddies. Her neighbour, Randall is a product development worker at E-Gardening and he has been unhappy as well ("long hours, hard work, no respect", he says). Together they decide to turn to Unifor (the "Union") for help in organizing their workplace. Unifor Local 221 files an application for certification with the Ontario Labour Relations Board (the "Board") as the exclusive bargaining agent of "all employees of E-Gardening in the GTA, including Talented Gardeners who subscribe to the App, product development workers, marketing & sales employees, customer services and communications workers, employees in data science & analytics and human resources employees, save and except product managers, and those above the rank of a manager". The Union estimates that the bargaining unit includes 335 employees and provides the Board with 40% signed cards. E-Gardening files its response submitting that: (1) the Talented Gardeners are "independent contractors" who cannot organize under the Ontario Labour Relations Act; (2) even if they can, itwould not be appropriate to include them together with the other workers from the Toronto office; (3) product managers should be included in the bargaining unit because even though the President and VP may ask the product managers for input prior to rendering a decision on a disciplinary action, most times they simply direct the work of product development and have no authority to fire anyone; (4) all human resources employees should be excluded because they can access annual payroll reports using their authorization passwords even if not all of them work on salaries. E-Gardening estimates that the appropriate bargaining unit should consist of only 85 employees. On the same day, the President of E-Gardening, Rebecca, calls Randall and then Kate to "emergency" one-on-one meetings. Based on what she hears from them, Rebecca decides to give all workers (including Talented Gardeners) a one-time bonus of $250. She also sent out an email to all EGardening workers to let them know that the management is looking "deeply into changing things for the better and would welcome any suggestion that does not include unions because unions mean bad blood and no turning back; especially during times of economic uncertainty". Upon reviewing the certification application and the response, the Board orders that a certification vote will be held in E-Gardening in a few days and a hearing is scheduled for a later time to determine the appropriate bargaining unit. The vote is held. Although the votes are not counted yet, as the Board has to deliberate on the appropriate bargaining unit, Randall is pretty certain the Union will lose the vote. Out of frustration, he convinces a few friends from the Human Resources department to take longer lunch breaks and a few friends from the Customer Services and Communications department to respond to customer calls but not to emails. Rebecca finds out about this and contemplates her next move. A few weeks later, the Board holds a hearing and reaches a decision regarding the approperiate bargaining unit. The votes are counted, and the Union indeed loses the vote, as Randall predicted. Shortly after, the Government of Ontario reaches an agreement with the Association of Gig Economy Businesses; according to which gig economy businesses will start paying benefits (such as extended health and dental coverage) to gig economy workers in exchange for the Government passing a new Bill which excludes all gig economy workers from the Ontario Labour Relations Act. The Union wishes to launch a constitutional challenge against this new Bill.

1. What is the approperiate baragaing unit at E-Gardening?

2. What can Rebecca do about the long lunch breaks and the non-responsive emails?

3. What can the Union do to challenge the results of the certification vote?

4. Is the new Bill unconstitutional?