The Superior. Greenstone District School Board recognizes the Ontario Secondary School Teachers' Federation as the exclusive bargaining agent for all office, clerical and technical employees, educational assistants and attendance counsellors employed by the Board save and except the executive secretary, supervisors, persons above the rank of supervisor, students employed for the school vacation period and employees in the bargaining units for which another trade union holds bargaining rights.
The Superior. Subordinate Relationship A superior-subordinate relationship exists when a superior exercises effective control over her subordinates, i.e. when she has the material ability to prevent or punish their acts.104 Factors indicative of an accused’s position of authority and effective control include the official position she held, her capacity to issue orders, whether de jure or de facto, the procedure for appointment, the position of the accused within the military or political structure and the actual tasks that she performed.105 The indicators of effective control are more a matter of evidence than of substantive law and depend on the specific circumstances of each case.106 More than one superior may be held responsible for her failure to prevent or punish crimes committed by a subordinate, regardless of whether the subordinate is immediately answerable to the superior or more distantly under her command.107 101 Art. 7 (3), Statute of the ICTY, 25 May 1993, and Art. 6 (3), Statute of the International Criminal Tribunal for Rwanda, 8 November 1994; Prosecutor v. Xxxxxxx Xxxxxxx, Judgment, Appeals Chamber, para. 86. 102 Art. 28(1)ICCSt. 103 The Prosecutor v. Xxxx Xxxxxx Bemba Xxxxx, Decision Pursuant to Article 61 (7) (a) and (b) of the Rome Statute on the Charges of the Prosecutor v. Xxxx-Xxxxxx Bemba Xxxxx, (‘Decision on Confirmation of Charges’), ICC 01/05-01/08, 15 June 2009, para. 425. This standard requires more of an active duty on the part of the commander to take the necessary measures to secure knowledge of the conduct of her troops and to inquire, regardless of the availability of information at the time on the commission of the crime. Ibid, para. 433. 104 Prosecutor v. Xxxxx Xxxxxxxxxxxxxx & Xxxx Xxxxxx, Judgment, IT-01-47-T, 15 March 2006, paras. 76 – 77. 105 Prosecutor v. Xxxxx Xxxxxxxxx, Judgment, IT-01-48-T, 16 November 2005, para. 58. 106 Ibid, and para. 63 and nte. 150. 107 Ibid, para. 63. The concept of superior is broader than immediate and direct command ‘and should be seen in terms of a hierarchy encompassing the concept of control.’ ICRC Commentary to Art. 86, API, para. 3544,
