CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) v. Growmark Inc.
Parties
2294-99-R CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Growmark Inc., Responding Party v. Donald Devoe, Peter Martin, Patrick Sage, Rick Sytsma, Jerrold Trott and Brad Watson, Intervenors.
2565-99-R Canadian Union of Retail and Transportation Workers, Applicant v., Growmark Inc., Responding Party v. CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Intervenor.
3094-99-U Donald Devoe, Peter Martin, Patrick Sage, Rick Sytsma, Jerrold Trott and Brad Watson, Applicants v. CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) and United Steelworkers of America, Responding Parties v. Growmark Inc., Intervenor.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; August 1, 2000
Decision
1Board File No. 2294-99-R is an application filed by CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) (“CAW”) that it is a successor union.
2Board File No. 2565-99-R is an application for certification filed by the Canadian Union of Retail and Transportation Workers (“CURTW”).
3Board File No. 3094-99-U is a Duty of Fair Representation complaint filed by a number of individuals.
4The parties to all of these Board files entered into Minutes of Settlement in June, 2000. Those Minutes provided (among other things) that the Board would determine whether CURTW had trade union status pursuant to the Labour Relations Act, 1995 (the “Act”). The Board determined in a decision dated July 17, 2000 that CURTW was a trade union under the Act. The Minutes also provided that if CURTW had trade union status that the ballots cast in the representation vote on December 1, 1999 would be counted.
5On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant, CURTW, in Board File No. 2565-99-R.
6Having regard to the agreement of the parties, the Board further finds that:
all employees of Growmark Inc. at its distribution centre located at 6789 Kitimat Road in Mississauga, Ontario, save and except foreperson, persons above the rank of foreperson, office staff and persons regularly employed for not more than twenty-four (24) hours per week,
constitute a unit of employees of the responding party appropriate for collective bargaining.
7A certificate will issue to the applicant, CURTW, in Board File No. 2565-99-R.
8The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
9Meeting and hearing dates set previously are hereby cancelled.
10The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
11Pursuant to the Minutes of Settlement, Board files 2294-99-R and 3094-99-U are withdrawn with leave of the Board.
“Stephen Raymond”
for the Board