G. L. Firman

In a displacement application for certification, the applicant union sought to represent employees in a single bargaining unit combining full-time and part-time employees.

The responding employer and intervenor union argued that two distinct bargaining units existed.

The Board reviewed the collective agreement and its administration, noting two distinct recognition clauses and separate seniority provisions.

The Board concluded that there were two separate bargaining units and directed the parties to file written submissions on the applicant's alternative positions.

The applicant union applied for certification to represent employees of the respondent.

The parties agreed on most matters but disputed whether the applicant held trade union status under the Labour Relations Act.

The respondent argued that the applicant's formation violated democratic principles, its constitution was not strictly followed regarding charter fees, and a constitutional provision barring subversive members violated the Charter of Rights and Freedoms.

The Board rejected these arguments, finding that the applicant was properly chartered, adopted a constitution, had members and officers, and was formed for labour relations purposes.

The Board granted interim certification pending the resolution of a dispute over the managerial status of two employees.

The applicant union applied for a direction to settle a first collective agreement by arbitration under section 40a of the Labour Relations Act.

The union argued that collective bargaining was unsuccessful due to the employer's uncompromising position on benefits without reasonable justification.

The employer refused to maintain the high level of benefits previously enjoyed by the unorganized employees, proposing instead a two-tiered system where new hires would receive lower community-standard benefits.

The Board found that the employer's position was designed to send a message that unionization would cost employees their benefits, which was not a reasonable justification.

The Board directed the settlement of the first collective agreement by arbitration.