Ontario Labour Relations Board
[1984] OLRB Rep. October 1449
2311-83-R; 2368-83-U Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local Union No. 647, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Applicant, v. Holiday Juice Ltd., Respondent, v. Group of Employees, Objectors
BEFORE: Robert D. Howe, Vice-Chairman, and Board Members W. Gibson and S. Cooke.
APPEARANCES: Lewis Gottheil, Jim O'Donnell and Eric Del Junco for the applicant; L. Bertuzzi, J. Zakoor and D. Kotwicki for the respondent; Raymond Cash a and Shukri Jun for the objectors.
DECISION OF THE BOARD; October 9, 1984
Reasons for Decision
- File No. 2368-83-U is a complaint under section 89 of the Labour Relations Act in which the complainant (also referred to in this decision as the "Union") alleges that the four grievors named in that complaint (Scott Durham, Ajmer Nirwan, Richard Price, and Barry Storr) have been dealt with by the respondent (also referred to in this decision as the "Company') contrary to sections 64, 66, and 70 of the Act. Those four individuals were laid off indefinitely by the respondent on January 9, 1984, the date on which the Union filed an application for certification (File No. 231 l-83-R). In a decision dated February 6, 1984 concerning that application (reported in [1984] OLRB Rep. Feb. 277), another panel of the Board found the applicant to be a trade union within the meaning of section 1(1 )(p) of the Act and further found the following unit to be appropriate for a collective bargaining:
all employees of the respondent in Mississauga, Ontario, save and except supervisors, persons above the rank of supervisor, office, clerical and sales staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period.
In that decision, the Board also ruled as follows (at pp. 280-281):
- Scott and Price were clearly employees on the application date because they worked on that day.