[1980] OLRB Rep. May 783
0062-80-U Office and Professional Employees International Union, Complainant, v. Retail Clerks Union, Local 206, Chartered by the United Food and Commercial Workers International Union, Respondent.
BEFORE: George W. Adams, Chairman and Board Members J. D. Bell and W. F. Rutherford.
APPEARANCES: Janice Best, Leslie W. Dowling, and Ronald W. Springall for the complainant; Alick Ryder, Q. C. and Charles McCormick for the respondent.
DECISION OF THE BOARD; May 28, 1980
This is a complaint under section 79 of The Labour Relations Act complaining that the grievors have been dealt with contrary to the provisions of section 70 of the said Act.
The grievors are representatives of the respondent trade union and are members of bargaining unit for which the complainant was certified March 21, 1980.
They complain that the respondent, through its President, Charles McCormick, improperly terminated their active memberships in the respondent trade union contrary to section 70. Section 70(1) provides:
"Where notice has been given under section 13 or section 45 and no collective agreement is in operation, no employer shall, except with consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees,
(a) until the Minister has appointed a conciliation officer or a mediator under this Act, and
(i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or
(ii) fourteen days have elapsed after the Minister has released to the parties a notice that he does not consider it advisable to appoint a conciliation board,
as the case may be; or
(b) until the right of the trade union to represent the employees has been terminated, whichever occurs first."
- By letter dated April 1, 1980, Charles McCormick wrote to each grievor enclosing a "Withdrawal Card" issued by Local 206 purportedly in accordance with the Bylaws of the Local and International Constitution." A withdrawal card has the following form:
STUBS ARE NOT TO BE DETACHED UNITED FOOD & COMMERCIAL WORKERS INTERNATION UNION
WITHDRAWAL CARD
Exact date card was dated
_____________________________________ 19 __________
Local No. __________________________________________
Issued to __________________________________________
State new occupation
- This Stub Must Be Filled out and Retained by the Local
UNITED FOOD & COMMERCIAL WORKERS
INTERNATIONAL UNION
RULES
A. Persons holding withdrawal cards may maintain continuous membership:
By depositing the withdrawal card with the International Union no later than the first day of the month following the date of issuance, along with one months dues, and becoming a general member as provided in Article 4(F) at the International Constitution, or
It eligible for active membership, by depositing the withdrawal card with the Local Union within whose jurisdiction such person is employed or last held membership within one calendar month from the date of its issuance, together with the payment of the current dates.
B. Any person possessing a valid withdrawal card shall be accepted as a reinstated member, without the payment of a fee, except the current dues, provided the card is deposited with the Local Union within whose jurisdiction such person is employed within thirty days from the date of employment within a collective bargaining unit represented by the Union, or within thirty days from the date of employment by the Union as provided in Article 6 of the International Constitution
C. Any person on withdrawal, who is employed within a collective bargaining unit represented by the Union, who fails to apply or reinstatement as prescribed in Subsection 6(D) shall have his or her withdrawal card declared void and shall not be reinstated to membership without the payment of the applicable reinstatement fee.
D. Any person on withdrawal who engages in conduct in violation of the International Constitution may have his or her withdrawal card cancelled pursuant to Article 6(1) of the International Constitution.
UNITED FOOD & COMMERCIAL WORKERS INTERNATION UNION
I,_____________________________________
Hereby accept this Withdrawal Card which is issued to me by
Local No. ___________ of ________________
Under the provisions of Article 6 of the International Constitution. I further agree to abide by all the requirements concerning Withdrawal Cards set forth in the Constitution and laws of the International Union.
LOCAL (Signature)
SEAL We hereunto affix our signatures and the seal of our Local this 1st day of ___________, 19
President
Secretary-Treasurer
NOTE RULES ON REVERSE SIDE OF THIS CARD▼
- The article of the trade union's constitution said to authorize the unilateral issuance of withdrawal cards by the respondent union is Article 6(A) which provides:
"Withdrawal, Transfer, and Military Leave Courtesy Cards
(A) The following members whose current dues and fees have been paid shall be entitled to withdrawal cards without charge therefor:
Members who become employers;
Members no longer employed within a collective bargaining unit represented by and within the jurisdiction of the Local Union;
Members whose positions excluded from coverage by a collective bargaining agreement;
Members who are employed by the International Union or any of its chartered bodies who are represented by another labor organization for purposes of collective bargaining with the International Union or any of its chartered bodies; and
Members no longer employed by an employer who is the subject of an active organizing effort by the International Union or any of its chartered bodies and who is not a party to a collective bargaining agreement with the International Union or any of its chartered bodies."
The evidence indicates that the grievors had to become members of the respondent union in order to be hired into the positions they currently hold. None of the grievors requested the issuance of withdrawal cards. As of the date of the hearing of this matter, none of the employees in the office and clerical bargaining unit for whom the complainant trade union has been recently certified have been issued withdrawal cards. Representatives in Montreal who bargain collectively with Local 500 of the same international trade union continue to be members of Local 500. In addition, there are two members of the respondent local trade union who bargain collectively with the international trade union with whom they are employed. They have continued to be members of the local trade union. Finally, the evidence indicates that when a member becomes a representative of management in a company with whom the respondent bargains, the member is automatically issued a withdrawal card.
Having regard to the submissions of the parties and the evidence as stipulated before us, we have concluded that the respondent trade union violated section 70 of The Labour Relations Act by altering a right, privilege or term of employment of the grievors without the consent of the complainant trade union. We are not satisfied that the issuance of the withdrawal cards can be analogized to a wage improvement program pre-existing the arrival of a trade union as has been the case in a number of decisions rendered by the Board under section 70. On the evidence, we are not satisfied that the action of the respondent is demanded by either the express words of the constitution or the past practice in applying the constitution to similar situations.
For all of these reasons, the grievors are reinstated into the active membership of the respondent trade union and the withdrawal cards are rescinded. The respondent trade union is directed to make the appropriate changes in its records to rectify the violation so found.