Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 91 v. Best Form Brassiere Canada Inc.
[1986] OLRB Rep. January 1
2099-85-R Teamsters, Chauffeurs, Warehousemen and Helpers Local Union No. 91, affiliated with the International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Applicant, v. Best Form Brassiere Canada Inc., Respondent
BEFORE: M. G. Mitchnick, Vice-Chairman, and Board Members J. A. Ronson and H. Kobryn.
APPEARANCES: Eric del Junco and Al LeFort for the complainant; no one for the respondent.
DECISION OF THE BOARD; January 21, 1986
1This is an application for certification.
2The Board finds that the applicant is a trade union within the meaning of section l(l)(p) of the Labour Relations Act.
3Having regard to the agreement of the parties, the Board further finds that all employees of the respondent at Cornwall, save and except foremen and foreladies, persons above the rank of foreman and forelady, clerical, office and sales staff, constitute a unit of employees of the respondent appropriate for collective bargaining.
4The applicant has applied to be certified pursuant to the provisions of section 8 of the Labour Relations Act. Section 8 provides:
Where an employer or employers' organization contravenes this Act so that the true wishes of the employees of the employer or of a member of the employers' organization are not likely to be ascertained, and, in the opinion of the Board, a trade union has membership support adequate for the purposes of collective bargaining in a bargaining unit found by the Board pursuant to section 6 to be appropriate for collective bargaining, the Board may, on the application of the trade union, certify the trade union as the bargaining agent of the employees in the bargaining unit.
5The parties have agreed on the particulars filed in support of the section 8 application being accepted as facts before the Board. The parties have further agreed as follows:
"That the particulars disclose a contravention of the Act by the Employer of such nature that the true wishes of the employees are not likely to be ascertained."
6Having regard to the representations of counsel for the applicant, the Board further finds that, irrespective of the applicant's challenges to the "list", the applicant has membership support adequate for collective bargaining.
7Pursuant to its discretion under section 8 and section 6(2), therefore, the Board certifies the applicant on an interim basis as exclusive bargaining agent for all employees of the respondent at Cornwall, save and except foremen and foreladies, persons above the rank of foreman and forelady, clerical, office and sales staff.
8Should the parties be unable to resolve the challenges to the list, the Board is prepared to appoint a labour relations officer to inquire into the matter.