United Food and Commercial Workers International Union, Local 633 v. Longo Brothers Fruit Markets Inc.
[1994] OLRB Rep. March 266
2406-93-R United Food and Commercial Workers International Union, Local 633, Applicant v. Longo Brothers Fruit Markets Inc., Responding Party
BEFORE: Jules Bloch, Vice-Chair, and Board Members R. W. Pirrie and R. R. Montague.
APPEARANCES: Harold F. Caley, John Fuller, Michael Duden, Brian Noonan and Gerry Brennan for the applicant; Donald B. Jarvis, Anthony Longo, Mike Buick, Dominic Simonetta and Rob Morgan for the responding party.
DECISION OF THE BOARD; March 9, 1994
1This is an application for certification.
2The Board finds the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act.
3At the commencement of the hearing the responding party submitted that the bargaining unit applied for by the applicant was no longer a "craft" unit pursuant to section 6(3) of the Act. Counsel submitted that the unit applied for only met two of the three criteria for "craft status", "in that these type of employees commonly bargain separately and apart from other employees through a trade union that according to established trade union practice pertains to such skills or crafts". Counsel for the responding party submitted that the employees in the meat department of Longo Brothers Fruit Markets Inc. no longer exercise technical skills or are members of a craft by reason of which they are distinguishable from the other employees.
4The applicant applied for their normal "craft" unit. This unit is described as: "all full-time meat department employees of Longo Brothers Fruit Markets Inc. in Burlington, Ontario, save and except manager and persons above the rank of manager".
5The Board gave the parties a full opportunity to adduce evidence and submissions. After receiving all the evidence and submissions the Board reserved its decision. The Board finds on the basis of all the evidence and submissions adduced before it that the meat cutters and wrappers at Longo Brothers Fruit Markets Inc. continue to exercise technical skills and continue to be members of a craft by reason of which they are distinguishable from the other employees. (See Food City, [1978] OLRB Rep. Sept. 826; Huntsville IGA [1982] OLRB Rep. Nov. 1637; Dollo Bros. Food Market Limited, [1986] OLRB Rep. Jan. 82; and H. W. Gluck Limited, [1987] OLRB Rep. Nov. 1395.).
6The Board finds that "all full-time meat department employees of Longo Brothers Fruit Markets Inc. in Burlington, Ontario, save and except manager and persons above the rank of manager" to be a craft unit pursuant to section 6(3) of the Act.
7The Board is satisfied on the basis of all the evidence before it that more than fifty-five per cent of the employees of the responding party in the bargaining unit on October 8,1993, the certification application date, had applied to become members of the applicant on or before that date.
8A certificate will issue to the applicant.