[1986] OLRB Rep. September 1276
1013-86-R and others on Schedules "A" and "B"etc. Retail, Wholesale and Department Store Union - Local 414, AFL-CIO-CLC, Applicant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, and all respondents listed on Schedule "A", Respondents; Termarg Food Services Limited, Stalba Enterprises Inc., Carma Groceries (Ontario) Inc., 548082 Ontario Limited, 568429 Ontario Limited, Ron Nelson's Foods Ltd., Jorfy Foods Inc., Read-Wentworth Markets Ltd., Stroudal Marketing Ltd., 571726 Ontario Inc., W & J Holdings Limited, R.G.T. Marketing Limited, Stonegate Marketing Ltd., Kerland Foods Ltd, 578588 Ontario Inc., 580265 Ontario Limited, 580266 Ontario Limited, Jules Foods Limited, 579679 Ontario Inc., Lars Persson Active Marketing Inc., Challis Groceries Limited, Applicants, v. Retail, Wholesale and Department Store Union - Local 414, AFL-CIO-CLC, Respondent; Retail, Wholesale and Department Store Union - Local 414, AFL-CIO-CLC, Applicant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, and all respondents listed on Schedule "C", Respondents; Retail, Wholesale and Department Store Union - Local 545, AFL-CIO-CLC, Applicant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, 510688 Ontario Limited and Claude Brunet, Respondents; Retail, Wholesale and Department Store Union - Local 545, AFL-CIO-CLC, Complainant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, 510688 Ontario Limited and Claude Brunet, Respondents; Retail, Wholesale and Department Store Union - Local 579, AFL-CIO-CLC, Applicant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, 510647 Ontario Limited, Saul Kansala, Janet Kansala, 510662 Ontario Inc., Romeo Sauve and Diane Sauve, Respondents; Retail, Wholesale and Department Store Union - Local 579, Applicant, v. Willett Foods Limited, c.o.b. as Mr. Grocer, Domgroup Ltd., Hollinger Inc., Conrad Black, 510647 Ontario Limited, Saul Kansala, Janet Kansala, 510662 Ontario Inc., Romeo Sauve and Diane Sauve, Respondents; Dave Kusluski and Carole Hull, Applicants, v. Retail, Wholesale and Department Store Union - Local 414, Respondent; Steve Borzush and Leslie MacLean, Applicants, v. Retail, Wholesale and Department Store Union, AFL-CIO-CLC, Local 414, Respondent; Margaret Forma and John McKenzie, Applicants, v. Retail, Wholesale and Department Store Union, AFL-CIO-CLC, Local 414, Respondent; Joyce Valliere and William Ariss, Applicants, v. Retail, Wholesale and Department Store Union, AFL-CIOCLC, Local 414, Respondent; Chris Billyard, Applicant, v. Retail, Wholesale and Department Store Union, Local 414, Respondent; Jeffrey Sywyk, Applicant, v. Retail, Wholesale and Department Store Union, AFL-CIO-CLC, Local 414, Respondent
BEFORE: Owen V. Gray, Vice-Chairman and Board Members F. C. Burnet and R. R. Montague.
APPEARANCES: James Hayes, James Carpick, Robert McKay and D. G. Collins for Retail Wholesale and Departent Store Union, Locals 414, 545 and 579. Richard Nixon for Bo-Ma Co. Ltd., Charles Cornelius Postma, 590105 Ontario Limited, Frank am, Theodorea Margaret Dam, Robert D. Bell Investments Inc., Robert Donald Bell, Corine ay Bell, 607099 Ontario Inc., Roger Percy Hem, Ellen Betty Hem, 597077 Ontario Inc., Ronald Stothers, 580265 Ontario Limited, Joseph John Dilello, Nicholas Anthony Giannini, Alexander ilfin, 580266 Ontario Limited, Richard Petelka, Anthony Russo, 579679 Ontario Inc., Garnet ames Reid, William Francis Deschamps, C & J Maurice Family Holdings Inc., Conrad P. Mauice, Joan Maurice, Stroudal Marketing Ltd., Edward James Stroud, Alain Pierre Lebrun, Levon's roceries Inc., Michael Vincent Levon, 597060 Ontario Inc., Michael Sciarra, Joseph Finella, avid Sciarra, Peter John Jurmain, 568429 Ontario Ltd., David Joseph Robert, Larry Howard Deschamps, 659651 Ontario Limited, Graham Arnold, W & J Holdings Limited, Wesley Victor purrell, Myrtle Joy Spurrell, Termarg Food Services Limited, Terence Joseph Nicol, Stonegate arketing Limited, Egon Pototschnik, 659484 Ontario Limited, Andrew Morris McLennan, GerId Edward Michael Finley, G. E. Shaw Foods Limited, George E. Shaw, 578588 Ontario Inc., Anthony Zezza, Rosina Zezza, Anthony Piefro Reda, Susan Elizabeth Reda, Mijon Foods Inc., Maurice Vivion D'Arcy, Rosalind Frances D'Arcy, Gatestone Marketing Limited, Robert hearn, 651423 Ontario Limited, Angelo Vento, George Jovanovich, Richard Weiditch, R.G.T. arketing Limited, Gerald Russell Taylor, Herbert Russell Taylor, Samkeiken Foods Inc., WilIi m John Shudlock, 657041 Ontario Inc., Frank Balsamo, Brian Shewell, Ed Poirier Foods Limd, Edward Poirier, M & T Grocers Ltd., Michael Santeramo, Annette Santeramo, C.G. cMullen Grocers Ltd., James B & E Morris Family Enterprises Inc., Robert James Morris, onna Marie Morris, 660401 Ontario Inc., Mark Dzugan, Challis Groceries Limited, Larry E. hallis, Diane Challis, 510688 Ontario Limited, Claude Brunet, 510647 Ontario Limited, Saul ansala, Janet Kansala, 510662 Ontario Inc., Romeo Sauve, Diane Sauve and 650287 Ontario Limited.
James E. Bowden for 587266 Ontario Limited, William R. Anderson, Marianne Anderson, John S Manderson, Dianne Manderson, Jofry Foods Inc., Doris Gyorffy, Robert Gyorffy, Robert Moulder, Ron Nelson's Foods Ltd., Ronald John Nelson, Stalba Enterprises Inc., Steven Alfred Bartley, Carma Groceries (Ontario) Inc., Roger Black, Jules Foods Limited, Josef Jan Robert Gwiazda, Julie Ann Gwiazda.
Colin D. McKinnon for 548082 Ontario Limited, David Stephen Lockett, Betty Ruthe Lockett, Karsmor Limited, William Aldrich, Elsie M. Aldrich, Thomas Morrow, GGW Enterprises Ltd., Rico Gelano, Linda Gelano, Frank Winkel, Wingil Foods Enterprises Ltd., Petcol Foods Limited, Peter LaRose, Colleen McGee, 125913 Canada Inc., Herbert Willar, T. H. Sims, 652668 Ontario Inc.,Gani Vata.
C.E. Humphrey and Martin Rosenbaum for Read-Wentworth Markets Ltd., Michael Read, Susan Read, Dennis Read, Elizabeth Read and for Anthony Crossley.
R C. Filion for Willett Foods Limited and Domgroup Ltd.
Wm. R. Patchett for 599872 Ontario Inc., William Reginald Patchett, 370801 Ontario Limited, Delphine Patchett, William Patchett Jr., 653862 Ontario Inc.
R A. Spence for C. M. Black.
R. P. Armstrong and P. D. Jackson for Hollinger Inc.
Wm. S. Challis for Dave Kusluski, Carol Hull, Steve Borzuch, Leslie MacLean, Margaret Forma, John MacKenzie, Joyce Valliere, William Ariss, Jeffrey Sywyk.
Barb Walter for Pannell Kerr Forester Inc., trustee in bankruptcy of Kerland Foods Ltd.
No one appearing for Ronald John Boan, J. & L. Hayden Enterprises Ltd., Jack Hayden, Lillian Hayden, Lars Persson Active Marketing Inc., Lars Persson, Iris Persson, Kerland Foods Ltd., John D. Kerr, Joan N. Rowland, 134805 Canada Inc., Lawrence Henry Taylor, J. E. Taylor, Ronald J. Hannah Holding Co. Ltd., Ronald J. Hannah, Antonio Agozzino, Bob Jackson Foods Ltd., Robert Jackson, Wayne Allen Hamilton, 571726 Ontario Inc., James Roland Grandy, Carl George McMullen, Nicholas Anthony Giannini, Joseph John Dilello.
DECISION OF THE BOARD; September 30, 1986
[Various procedural matters not included: Editor]
- At the hearings of August 12-14, 1986, we drew the attention of the parties to Practice Note 5, as amended effective November 1, 1985 (see [1985] OLRB Reports, May), which includes the following requirements:
Notwithstanding paragraphs I to 4, unless the Board otherwise specifically directs, after the first scheduled hearing date in the proceeding it is the responsibility of a party or participant who files any document or correspondence with the Board to serve a copy of the document or correspondence on all those entitled to notice. Any such document or correspondence so filed with the Board must be accompanied by a statement that the party filing it has effected the service required by this paragraph.
The service requirements contained in paragraph 5 above shall not apply where the document or correspondence discloses whether a person is or is not a member of a trade union or does not desire to be represented by a trade union.
Should any dispute arise over service of documents or correspondence referred to in paragraph 5, the onus of proving service shall lie upon the party or participant seeking to rely on the said document or correspondence.
If documents or correspondence are not served as required herein, the Board may refuse to consider such documents or correspondence, or may consider them on such terms or conditions as it deems appropriate.
[emphasis added]
Having regard to the number of services Practice Note 5 would ordinarily require in this case (there being nearly two hundred parties), we ruled that service of a document or correspondence in these proceedings on any party represented by counsel or an agent will be sufficient if a copy of the document or correspondence is delivered to the party's agent or counsel. We also ruled that if an agent or counsel ceases to represent a party, he or she is obliged to forthwith advise the Board and all other parties of that fact and of the last known address of the party he or she has ceased to represent. All counsel and representatives must be copied with correspondence sent to the Board. Such correspondence should indicate on its face the persons to whom it has been copied and must, in any event, contain or be accompanied by the statement required by paragraph S of Practice Note 5.
- During the Board's hearings on August 12th it became apparent that, as of the terminal date for the applications filed in July, Mr. Grocer franchises at some locations covered by applications filed by RWDSU Local 414 were being operated by persons not named as respondents in those applications. With respect to one of those locations, counsel for Local 414 has since written to the Registrar as follows:
Re: R.W.D.S.U.- Mr. Grocer, OLRB File Nos. l100-86-R, 1101-86-R, 1102-86-U (94 Beck with Street North, Smith Falls)
We are now advised that the Mr. Grocer franchise at this location is operated by one Michael Hornby.
We request that Mr Hornby be added as a respondent to the above-noted matters.
As this letter does not indicate what other allegations, if any, would be made about Mr. Hornby, nor what relief is sought against him, the Board is at this point unable to give Mr. Hornby (and the present parties) notice of the case he (and they) may be called upon to meet with respect to his operation of the Mr. Grocer franchise in Smith's Falls.
- The Board's Rules of Procedure do not prescribe a procedure for amending an appli4;ation or complaint to add a respondent. Section 86 of the Rules of Procedure provides:
- Procedure not prescribed is governed by analogy to these Rules.
The object of any procedure concerned with amending an application or complaint to add a respondent must be the same as that of the procedure which deals with initiating an application or complaint against a respondent: to ensure that the Board, the existing parties and the added respondent receive at least the information required by the Forms prescribed by the Board's Rules of ~procedure for use in the subject proceedings. Having regard to the complexities of this case, an application by any of the trade union parties to add a respondent or respondents should include copies of each of the pages of its filings to date which would be amended by the naming of and setting out of allegations against the proposed respondent(s), with the amendments noted thereon in manner which enables the reader to differentiate them from the original text, under cover of a letter indicating the name and address for service of each proposed respondent and the franchise location(s) in which the respondent is alleged to have (or to have had) an interest or role. Copies of any such letter and enclosure(s) should be served by the applicant/complainant on all parties recently entitled to notice of its consolidated applications and complaints, in accordance with paragraph 5 of Practice Note 5.
[Balance of decision omitted: Editor]