Retail, Wholesale and Department Store Union, AFL:CIO:CLC: v. Joseph Anthony Fine Furniture Ltd.
[1985] OLRB Rep. September 1371
1651-84-R Retail, Wholesale and Department Store Union, AFL:CIO:CLC:, Applicant, v. Joseph Anthony Fine Furniture Ltd., Respondent
BEFORE: R. O. MacDowell, Vice-Chairman, and Board Members F. W. Murray and B. L. Armstrong.
DECISION OF THE BOARD; September 23, 1985
1On September 24, 1984, the applicant union applied for certification as bargaining agent for the employees of the respondent, Joseph Anthony Fine Furniture Ltd. A hearing in this matter was scheduled to be conducted in Toronto on October 12. 1984. As it turned out, the union and the employer were able to resolve the matters in dispute between them and it was determined that no hearing was necessary. It was not disputed that, at that time, the union had sufficient support to warrant certification as the representative of a bargaining unit framed as follows:
All employees of Joseph Anthony Fine Furniture Ltd. at Windsor, Ontario, save and except managers, persons above the rank of manager, office staff, warehouse staff and cleaning staff.
A certificate to that effect issued on October 12, 1984.
2By letter dated September 11, 1985, the union wrote to the Board as follows:
On October 12, 1984, the Board certified our union as bargaining agent of employees of the above noted respondent, your file no. 165 l-84-R.
It is now evident that we no longer enjoy the support of the employees and we seek a declaration by the Board terminating our bargaining rights.
The Board is prepared to treat this letter as a request for reconsideration and revocation of the certificate issued to the applicant in October, 1984; however, before deciding whether, in the circumstances, it should grant the union's request, the Board considers it appropriate to invite the representations of the employer and the employees who might potentially be affected by such determination. Such representations should be received by the Board, in writing, no later than October 30, 1985 and should specify why the Board should, or should not, grant the union's request to revoke and cancel its certificate - in effect, abandoning its bargaining rights and leaving the employees in the bargaining unit free to deal with their employer, on their own, without trade union representation or intervention.
3In order to facilitate a resolution of this matter, the respondent is directed to provide a copy of this decision to each of the employees in the bargaining unit and to post a copy (or copies) of the decision in prominent places where they are most likely to come to the attention of the individuals potentially affected by the union's request for reconsideration. Any employee or group of employees potentially affected by the union's request, and desiring to make representations to the Board, should send to the Board a statement of position which should contain the return address of the employee or representative of a group of employees. Such statement should be sent to the Board by the above-noted date, and should be mailed by registered mail addressed to the Board at its office: 400 University Avenue, Toronto, Ontario M7A 1 V4. Should the employer or any of the employees request a hearing, such request should also be made in writing. If the Board does not receive any representations from the employer or the affected employees opposing the union's request to revoke its certificate, the Board may accede to the union's request without further notice and without a formal hearing.