[1981] OLRB Rep. June 763
2526-80-R The Blue Cross Employees' Association, Applicant, v. Ontario Hospital Association (Blue Cross), Respondent, v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), Intervener.
BEFORE: George W. Adams, Chairman and Board Members W. Wightman and O. Hodges.
APPEARANCES: Michael G. Horan for the applicant; Douglas K. Gray for the respondent; and L. A. MacLean, Q. C. for the intervener.
DECISION OF THE BOARD; June 25, 1981
This is an application for certification in which a pre-hearing vote was directed by decision dated April 9, 1981. By letters dated April 30, 1981 and June 8, 1981, the intervener requests that the Board reconsider its decision of April 9, 1981. We are not satisfied that any of the submissions therein merit such a review and the request is denied.
By the same decision of April 9, 1981, the Registrar was directed to relist this matter for hearing "for the purpose of inquiring into the status of the applicant and all outstanding issues." At its hearing on May 25, 1981, the Board entertained evidence and representation pertaining to the status of the applicant.
Miss Debbie Cowan has been employed by the respondent for three years. She is employed as a clerk in the pensions area. She is not and never has been a supervisor. She testified that she is the President of the applicant. She stated that she and Susan Traynor went to the law office of Michael Horan on January 14, 1981 at 5:00 p.m. Miss Traynor was identified as Secretary of the applicant. They wanted to know what could be done about a termination application which had been filed in respect to the same bargaining unit and dismissed. Mr. Horan advised that an application for reconsideration could be filed and inquired whether the two employees were familiar with the method by which an "employees' association" could be formed under The Labour Relations Act. Miss Cowan testified that she had been directed to Mr. Horan by the lawyer who had initially acted in the termination matter. Mr. Horan was instructed to file an application for reconsideration and Miss Cowan said that it was subsequently decided to form an employees' association as described by Mr. Horan.
Miss Cowan testified that another meeting at Mr. Horan's office was held on January 28, 1981 at about 5:00 p.m. In attendance was Miss Cowan; Susan Little (identified as Vice-President of the applicant); Leslie Ward (identified as Treasurer of the applicant); and Gwen Clay (another employee). Discussions ensued and a draft constitution and membership cards were reviewed. This meeting lasted approximately two hours. A third meeting was held at the same location on February 2, 1981 and Leslie Ward, Susan Traynor, Susan Little and Debbie Cowan were in attendance. Minutes of this meeting were filed with the Board and read:
MINUTES OF A MEETING CONVENED AT
TORONTO, ONTARIO ON THE 2nd
OF FEBRUARY, 1981
PRESENT
Debbie Cowan
Susan Traynor
Susan Little
Leslie Ward
The meeting opened with a discussion amongst the employees present regarding the merits of establishing their own union and securing the right to bargain with their employer, by way of an Application for Certification to the Ontario Labour Relations Board. The employees discussed the constitution which had been prepared by their solicitor, and distributed prior to the meeting.
A motion was made by DEBBIE COWAN and seconded by SUSAN LITTLE that the employees present constitute themselves as a trade union to be known as The Blue Cross Employees' Association in order to regulate inter alia wages, fringe benefits, working conditions and labour relations with their employer, ONTARIO HOSPITAL ASSOCIATION — Blue Cross. The motion was unanimously carried.
The employees present were then presented with a draft constitution which had been distributed prior to the meeting which they proceeded to discuss. At the conclusion of the discussion, it was moved by LESLIE WAR D and seconded by SUSAN TRAYNOR that the draft constitution be approved. The Motion was unanimously carried.
Immediately, a meeting of The Blue Cross Employees' Association was convened. There was a discussion by persons present, and a number of the persons applied for membership in the Association. At that time, the payment of $1.00 was made by each applicant and application for membership cards in the form annexed hereto as Schedule "A" were signed, countersigned, dated and receipts were furnished to those persons who applied.
It was then moved by LESLIE WARD and seconded by SUSAN TRAYNOR, that the new members of the Association ratify the constitution as approved previously. The motion was carried unanimously by vote of the members.
It was then moved by SUSAN TRAYNOR and seconded by SUSAN LITTLE, that DEBBIE COWAN act as Chairman of the first meeting pending election of the officers of the Association in accordance with the constitution. The Motion was carried unanimously.
The meeting was then opened for nomination of elected officers.
Nominations for the office of President were opened and it was moved by LESLIE WARD and seconded by SUSAN LITTLE that DEBBIE COWAN be so nominated. There were no further nominations and DEBBIE COWAN having accepted the nomination, she was therefore acclaimed President.
Nominations for the office of Vice-President were opened and SUSAN LITTLE was nominated by DEBBIE COWAN which nomination was seconded by SUSAN TRAYNOR. SUSAN LITTLE accepted the nomination and there being no further nominations, she was acclaimed to be Vice-President of the Association.
Nominations for the office of Secretary were opened and SUSAN TRAYNOR was nominated by SUSAN LITTLE and seconded by LESLIE WARD. There being no further nominations for the office of Secretary, and SUSAN TRAYNOR having accepted, she was acclaimed to that position.
Nominations were then opened for the position of Treasurer and LESLIE WARD was nominated by SUSAN TRAYNOR which nomination was seconded by SUSAN LITTLE. There being no further nominations for the position of Treasurer, and LESLIE WARD having accepted, she was acclaimed to that position.
All of the executive board offices of The Blue Cross Employees' Association were now filled and those persons on the executive board who were present at the meeting took the following oath of office, read to them by Michael Horan:
"I, , solemnly pledge my word and honour before these witnesses that I will to the best of my abilities perform the duties of my office. At the close of my official term, I will turn over to my successor all books, records and all other properties including funds of this Association that may be in my possession. I will also deliver all such properties to this Association upon lawful demand. I will at all times devote my best efforts to further the objectives and best interest of my Association."
It was moved by DEBBIE COWAN and seconded by SUSAN TRAYNOR that the meeting be adjourned at 5:30 p.m.
The aforesaid minutes have been read by the persons hereinafter designated and are verified by them as being a true and correct account of the proceedings of the meeting on the date, time and place aforesaid.
"D. COWAN"
"SUSAN LITTLE"
"SUSAN TRAYNOR"
"LESLIE WARD"
"SCHEDULE A"
THE BLUE CROSS EMPLOYEES' ASSOCIATION
APPLICATION FOR MEMBERSHIP
DATED:
SURNAME: GIVEN NAMES:
(please print)
ADDRESS:
CITY OR TOWN: PHONE NUMBER:
hereby make application to become a member of The Blue Cross Employees' Association. In doing so, I of my own free will and accord hereby authorize The Blue Cross Employees' Association and its representatives, or officers, to act for me as Collective Bargaining Agent in negotiating the relationship in all matters pertaining to rates of wages, hours of work and all other terms and conditions of my employment with my employer.
SIGNATURE: ________________________________________
Initiation Fee: _____________________________
Signature witnessed
and Fee collected by: _______________________
(collector)
(DO NOT DETACH)
THE BLUE CROSS EMPLOYEES' ASSOCIATION
Receipt is acknowledged of the sum of $1.00 from
(name)
on account of iritiation fees and dues in the abovementioned Association this day of A.D. 1981.
(Applicant's countersignature) (Treasurer protem)
(DETACH AND GIVE TO APPLICANT FOR MEMBERSHIP)
THE BLUE CROSS EMPLOYEES' ASSOCIATION
Receipt is acknowledged of the sum of $1.00 from
(name)
on account of initiation fees and dues in the abovementioned Association this day
of A.D. 1981.
(Treasurer protem)
(DETACH AND RETAIN THIS COPY)
THE BLUE CROSS EMPLOYEES' ASSOCIATION
Receipt is acknowledged of the sum of $1.00
(name)
on account of initiation fees and dues in the above mentioned Association this day
of A.D. 1981.
(Treasurer protein)
The constitution approved at the meeting was filed with the Board. The Board was advised that the Treasurer of the applicant association has opened a bank account in the name of the applicant where monies received on its behalf have been deposited.
It was submitted on behalf of the intervener that the applicant purported to be a trade union but in substance was not. It was submitted that the formation of a true trade union requires the involvement of more than four employees out of so large a bargaining unit. Mr. McLean argued that at best there had been only a mechanical compliance with technical formality. The applicant pointed to numerous cases where the Board had accepted the approach adopted by the supporters of the applicant in the instant case. It was submitted that The Labour Relations Act does not establish any specific procedure for the formation of a trade union and the Board was not permitted to establish its own standards independent of the statutes.
Section l(l)(n) defines a "trade union" as:
an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national, or international trade union, a certified council of trade unions had a designated or certified employee bargaining agency.
Section (l)(l)(j) defines a member of a trade union to include:
a person who
(i) has applied for membership in the trade union, and
(ii) has paid to the trade union on his own behalf an amount of at least $1 in respect of initiation fees or monthly dues of the trade union...
- In Local 199 UA W Building Corporation, [1977] OLRB Rep. July 472, the Board outlined the st~ps which will be sufficient to establish an association as a trade union:
"(1) A constitution should be drafted setting out, among other things, the purpose of the organization (which must include the regulation of labour relations) and the procedure for electing officers and calling meetings;
(2) the constitution should be placed before a meeting of employees for approval;
(3) the employees attending such meeting should be admitted to membership;
(4) the constitution should be adopted or ratified by the vote of said members;
(5) officers should be elected pursuant to the constitution."
The procedure adopted by the four employees in this case was closely followed and approved by the Board in Canwood Lachute, Board File No. 1969-79-R dated February 26, 1980 (Unreported); Cambridge Motor Hotel, [1980] OLRB Rep. Dec. 1725; and Sutton Tool & Die Manufacturing Co. Ltd., Board File No. 1277-80-R dated Dec. 5, 1979 (Unreported). And while this format will insure trade union status, it is not to be construed as the exclusive procedure. In local 199 UA W Building Corporation, supra, the Board stated:
"14. More recently the Board in Charterway Transportation Limited, (File No. 0310-77-R dated June 24, 1977), affirmed the same principle, that P, that the strict adherence to the technically proper sequence of the acts is not mandatory when all the steps are carried out in a single meeting."
There is nothing in the legislation which prevents four employees properly forming themselves into an association having the status of a trade union within the meaning of the Act. It is our yew that the procedures adopted in the instant case were sufficient and we therefore find tie applicant to be a trade union within the meaning of section l(l)(n) of The Labour Relations Act.
The matter has been relisted to deal with all outstanding issues.