[1994] OLRB Rep. August 991
1576-94-M Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworkers of America, Locals 414, 422, 440, 448, 461, 483, 488, 1000 and 1688, Applicant v. 947465 Ontario Ltd., c.o.b. as Checker Limousine and Airport Service, G. Hanlon Holdings Inc., G. J. Hanlon ("Hanlon") and J. Orendorff, Responding Parties
BEFORE: R. O. MacDowell, Vice-Chair, and Board Members R. M. Sloan and E. G. Theobald.
APPEARANCES: David Matheson, Jeff Andrew and Ab Player for the applicant; David R. Nash for G. Hanlon Holdings Inc. and G. J. Hanlon; no one appearing on behalf of 947465 Ontario Ltd., c.o.b. as Checker Limousine and Airport Service.
DECISION OF THE BOARD; August 10, 1994
This is an application under section 92.1 of the Labour Relations Act (the "Act"), which came on for hearing before the Board on August 8, 1994.
The union's principle concern is a change in drivers' working conditions, implemented by Hanlon on August 1, 1994, but without any input from or discussion with the union. The union asserts that these changes contravene section 81(1) of the Act, and if not rescinded will totally undercut the purpose of this "statutory freeze". Section 81(1) reads as follows:
81.-(1) Where notice has been given under section 14 or section 54 and no collective agreement is in operation, no employer shall, except with the consent of the trade union, alter the rates of wages or any other term or condition of employment or any right, privilege or duty, of the employer, the trade union or the employees, and no trade union shall, except with the consent of the employer, alter any term or condition of employment or any right, privilege or duty of the employer, the trade union or the employees,
(a) until the Minister has appointed a conciliation officer or a mediator under this Act, and,
(i) seven days have elapsed after the Minister has released to the parties the report of a conciliation board or mediator, or
(ii) fourteen days have elapsed after the Minister has released to the parties a notice that he or she does not consider it advisable to appoint a conciliation board,
as the case may be; or
(b) until the right of the trade union to represent the employees has been terminated.
whichever occurs first.
We note that no one appeared on behalf of 947465 Ontario Ltd., c.o.b. as Checker Limousine and Airport Service et Al ("Checker").
After reviewing the material filed and receiving the parties' representations, the Board made the following brief oral ruling:
We have considered the parties' representations and have already noted the unusual commercial context [the taxi industry] within which the problems before us arise. We have also noted the concession by G. Hanlon Holdings Inc. and G. J. Hanlon ("Hanlon") that they are engaged with Checker in related activities or businesses under common control or direction - indeed Hanlon does not oppose a related employer declaration under section 1(4) of the Act.
In all the circumstances we are satisfied that the most appropriate labour relations result and the one most consistent with the purpose of the statutory freeze [section 81 of the Act] is to direct that Hanlon return the situation to what it was prior to August 1, 1994 that is, that Hanlon rescind or suspend the operation of the new arrangements affecting employees put into place on that date. These new arrangements may well be beneficial to employees or some of them, and thus desirable from their point of view. However, given the scheme of the Act and the purpose of the statutory freeze, it appears to us that changes of this kind are to be addressed at bargaining, beginning on Friday when a meeting is scheduled for that purpose.
This interim direction will be operative until the main proceeding is finally disposed of or until the freeze expires, whichever first occurs.
Checker is hereby directed to meet with the union forthwith and bargain in good faith with respect to the terms and conditions of its drivers - including those drivers operating within Checker's system using cars/plates controlled by Hanlon.
- Board Files 1574-94-U and 1577-94-U are hereby set down for hearing before the Board, beginning on Tuesday, August 16, 1994, and continuing from day to day thereafter. The hearing will place in the Board room at 400 University Avenue on the 6th Floor beginning at 9:30 a. m.