The Great Atlantic & Pacific Company of Canada, Limited v. United Food & Commercial Workers International Union, Locals 175 and 633, 1994 CanLII 9839

[1994] OLRB Rep. July 922

3703-93-M The Great Atlantic & Pacific Company of Canada, Limited, Applicant v. United Food & Commercial Workers International Union, Locals 175 and 633 and Shelly Fair Service, Scott Constable, Peggy Swift and Gary Dimock, Responding Parties

BEFORE: K. G. O'Neil, Vice-Chair, and Board Members W. H. Wightman and F. G. Theobald.

APPEARANCES: C. R. Robertson, T. K. Billings, Dick Van de Kamer, Fred Strang, Tom Richard­son, David Byers and Judy Young for the applicant; Kelvin Kucey, Kathie Chrysler, Shelly Fairser­vice, Scott Constable, Peggy Swift and Gary Dimock for the responding parties.

DECISION OF K. G. O'NEIL, VICE-CHAIR AND BOARD MEMBER E. G. THEOBALD; July 28, 1994

1. This is an application pursuant to section 11.1(5) of the Labour Relations Act for restric­tions on picketing. The applicant will be referred to as A & P or the company below. The respond­ing parties will be referred to as UFCW or the union.

2. The union engaged in a lawful strike at Miracle Food Mart stores starting on November 18, 1993, in connection with which it picketed one of the employer's A & P stores in Oshawa. Although the strike and picketing ended shortly after the hearings in these matters, both parties indicated their desire for the decision to be rendered in any event. The