Ontario Labour Relations Board
Parties: United Food and Commercial Workers International Union, Local 1000A, Complainant v. Cambridge Canadian Foods Inc., Respondent; United Food and Commercial Workers International Union, Local 1000A, Applicant v. Cambridge Canadian Foods Inc., Respondent v. Group of Employees, Objectors
Before: Judith McCormack, Vice-Chair, and Board Members J. A. Ronson and D. Patterson.
Appearances: Bram Herlich, and others for the applicant/complainant; Gordon J. Weir, Malcolm Garner and Tom Osmond for the respondent; Robert A. Stewart for the objectors.
DECISION OF JUDITH McCORMACK, VICE-CHAIR, AND BOARD MEMBER D. PATTERSON; March 25, 1987
1This is an application for certification in which the applicant has invoked section 8 of the Labour Relations Act. Upon the agreement of the parties, the Board ordered that this application and a complaint filed by the applicant under section 89 of the Act be consolidated for hearing.
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 and the manner in which the Board generally describes bargaining units of this type, the Board finds that all employees of the respondent in Cambridge, save and except supervisors, persons above the rank of supervisor, office and sales staff and students employed during the school vacation period constitute a unit of employees of the respondent appropriate for collective bargaining.
4In accordance with the Rules of Practice respecting applications for certification, the respondent filed a list of employees. The applicant took the position that four people on the list, Bonnie Gmelin, Randy Hunt, Vaughn Hussey and Michelle Penney should be excluded from the bargaining unit by virtue of section 1(3)(b) of the Labour Relations Act. Because the question of the status of these individuals touched upon issues