United Steelworkers of America v. Metro Taxi Ltd. c.o.b. as Capital Taxi
[1999] OLRB REP. MARCH/APRIL 165
2696-97-U United Steelworkers of America, Applicant v. Metro Taxi Ltd. c.o.b. as Capital Taxi, Responding Party
APPEARANCES: Jeff Andrew for the applicant; Andrew Tremayne for the responding party.
BEFORE: Pamela Chapman, Vice-Chair.
DECISION OF THE BOARD; April 7, 1999
1This is an application pursuant to section 96 of the Labour Relations Act, 1995 ("the Act") alleging that the responding party has violated sections 70, 72, 76 and 86(2) of the Act.
2Hearings were held in Toronto on May 5, 1998, and continued in Ottawa on September 29 and 30 and October 1 and 26, 1998. Having carefully considered the evidence and the submissions of counsel, the following is my decision.
The Facts
3The responding party ("Capital Taxi") has been operating a taxi cab company in Ottawa and two neighbouring municipalities, Vanier and Gloucester, for approximately 50 years. It owns a number of taxi licences ("plates") in each city, owns and operates a radio dispatch system and propane filling station, and owns and rents a number of taxi vehicles. It is a registered plate broker in all three municipalities.
4There are three types of drivers working for the company: rental drivers, owners and lessees.
5Rental drivers operate vehicles which are owned and maintained by Capital. They pay a daily rental fee for either a 12 or 24 hour period. Most rental drivers operate in the City of Ottawa; there is one rental driver in Vanier.
6Drivers who own their own plate and have a vehicle pay a monthly stand rent to Capital in order to access the dispatch system, operate with a Capital roof sign, and operate out of the Capital taxi stands. There are 48 owners with Ottawa licences, 7 owners with Vanier licences, and 15 owners with Gloucester licences.
7Lessees are drivers who rent a taxi licence plate from Capital, but operate their own vehicle. They pay a monthly lease rate as well as the monthly stand rent. Most lessees are based in Vanier.
8There are approximately 96 drivers (44 rental drivers, 48 owners and 4 lessees) working for Capital in Ottawa; 41 drivers (1 rental driver, 7 owners and 33 lessees) in Vanier; and 20 drivers (15 owners and 5 lessees) in Gloucester.
9A chart showing the daily rental, monthly plate lease and monthly stand rent rates for the three cities for the period from 1983 to 1995 was admitted into evidence and is attached to this decision as Appendix A. It was not disputed that the value of a taxi licence plate and therefore a licensed vehicle varies from city to city, depending on, among other things, the number of plates issued by each municipality and the volume of business.
10The standard form of lease used by the company is for a one year period, terminable by either party upon 30 days notice, or immediately by the company for cause. However, leases may be, and have been, renegotiated if the vehicle to which the plate attaches is altered in some way. All leases have the same expiry which is the end of January or February depending on the city.
Earlier union activity at Capital
11The applicant made its first attempt to organize the company in 1992. This application was withdrawn.
12The applicant was certified to represent employees at Capital, in all three municipalities, on May 25, 1994, following the filing of an application on March 26, 1994 and the taking of a representation vote. On June 27, 1994 the applicant delivered a notice to bargain to the company, and the parties negotiated on their own and with the assistance of a conciliator until May 13, 1995 without concluding a collective agreement. On May 25, 1995 the applicant commenced a strike. On May 30, 1995 an application to terminate bargaining rights was filed by a group of employees. On June 16, 1995 the union advised the company that the strike had ended and filed application for a direction to obtain a first contract by arbitration, pursuant to section 41(1.2) of the then Act.
13When the Labour Relations Act, 1995 came into force on November 10, 1995 the first contract proceedings had not concluded and as the company did not consent to their continuation they were terminated by operation of statute.
14On November 1