FMG Timberjack Inc. v. Glass, Molders, Pottery, Plastics & Allied Workers International Union

[1994] OLRB Rep. October 1333

3720-93-R FMG Timberjack Inc., Applicant v. Glass, Molders, Pottery, Plastics & Allied Workers International Union, Responding Party

BEFORE: Roman Stoykewych, Vice-Chair, and Board Members W. A. Correll and H. Peacock.

DECISION OF THE BOARD; October 3, 1994

1. This is an application pursuant to the provisions of section 7 of the Labour Relations Act, in which the applicant employer seeks the combination of the "parts" and "manufacturing" bargaining units of employees working at FMG Timberjack Inc. in Woodstock, Ontario. The employer also seeks an order from the Board directing that the seniority lists of the two units be "dove-tailed" upon consolidation. In its reply to the application, the responding party trade union resisted both the combination application and the dovetailing remedy sought by the applicant. It was the trade union's position that, were a combination direction to be made, the appropriate dis­position of the seniority list issue would be the "end-tailing" of the parts unit.

2. A hearing was held on April 28, 1994, during which the Board directed that the two units be combined as requested by the employer. Although both parties at the hearing expressed their desire to have the matter of the seniority list adjudicated by the Board upon receipt of the combination order, the Board was of the view that it would be appropriate for the parties to attempt further efforts at a negotiated resolution of the matter. Accordingly, the parties were directed to meet again for that purpose.

3. Since the hearing of the matter, the Board has been advised by the parties that they have been unable to resolve the outstanding remedial issues surrounding this application notwith­standing their numerous further efforts to do so. Accordingly, the Board will schedule a hearing to hear the parties' representations concerning these matters, including the issue of whether the Board should exercise its remedial authority under section 7(5) of the Act. Such hearing will take place on October 21, 1994 at 9:30 a.m. at the Board's premises, 400 University Avenue, 6th Floor, in Toronto, Ontario.

4. Having reviewed the materials before it, the Board is of the view that it would be useful for the parties to provide further pleadings outlining their positions in order to facilitate the hear­ing of this matter. Accordingly, to the extent that this has not been effected by the parties' plead­ings to date, they are directed to provide to the Board and to each other:

(i) a list of all issues agreed upon in writing and a list of those issues that remain in dispute;

(ii) an outline of its submissions as to whether the Board should adjudi­cate upon the issues that remain outstanding;

(iii) its position with respect to each issue that remains outstanding, including an outline of the reasons that the party intends to advance to justify that position;

(iv) all documents upon which the party intends to rely;

(v) a statement of all material facts upon which the party intends to rely, including a description of the general nature of the business and the description of the work performed by members of the bargaining units affected by this application;

(vi) a copy of the authorities, if any, upon which the party intends to rely;

5. The applicant's materials are to be filed with the responding party and the Board no later than October 14, 1994. The responding party's response is to be received by the Board and the applicant by October 19, 1994.