Tasty Selections Inc. v. Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 264
2564-99-R Tasty Selections Inc., Applicant v. Bakery, Confectionery, Tobacco Workers and Grain Millers International Union, Local 264, Responding Party.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; May 26, 2000
This is an application under section 69/1(4) of the Labour Relations Act, 1995 (“the Act”).
The parties have entered into a Memorandum of Settlement resolving the outstanding issues between them as follows:
File No. 2564-99-R
ONTARIO LABOUR RELATIONS BOARD
B E T W E E N:
TASTY SELECTIONS INC.
the “Employer”
- and -
BAKERY, CONFECTIONARY, TOBACCO WORKERS
AND GRAIN MILLERS INTERNATIONAL UNION, LOCAL 264
the “Union”
MEMORANDUM OF SETTLEMENT
WHEREAS the issue in the matter before the Board is whether the Union has bargaining rights with respect to the employees of Tasty Selections Inc. as a result of a sale of a business by Norbakco Ltd. to Tasty Selections on or about September 27, 1999 resulting in an intermingling of the employees;
AND WHEREAS the Employer and the Union agree that this issue should be decided by the affected employees by a secret ballot representation vote;
NOW THEREFORE the parties agree as follows:
The issue of whether the Union is to be the bargaining agent for “all employees of Tasty Selections within 100 kilometers of the Municipality of Metropolitan Toronto save and except supervisors, persons above the rank of supervisor, clerical, office staff and driver salesmen” will be determined by the outcome of a secret ballot representation vote by employees in the voting constituency attached as Schedule “A”.
The secret ballot representation vote will be held on Thurs June 8/00 at 12-1 pm in the Test Kitchen at the Employer’s premises located at 350 Credit Stone Road. The secret ballot representation vote will be supervised by the Ontario Labour Relations Board.
The Board’s generic ballot will be used for this secret ballot representation vote.
The Board will issue the declarations required to give effect to the results of the vote pursuant to s. 69 of the Act.
The parties agree that Schedule “A” shall include all employees, who as of the date of this Memorandum of Settlement, are employed by Tasty Selections Inc. in a capacity included in the proposed bargaining unit description set out in paragraph 4 of this Memorandum of Settlement. It is agreed that employees included in Schedule “A” shall only be permitted to vote at the date, place and time agreed to in paragraph 2 of this Memorandum of Settlement.
The parties agree that this Memorandum of Settlement settles all outstanding matters between them with respect to O.L.R.B. File No. 2564-99-R.
Dated at Toronto this 18 day of May, 2000.
“Allan Greenspoon”
For the Employer
“Ron Piercey”
For the Union
Voters List [not reproduced here]
- Having regard to the agreement of the parties, the Board directs that a representation vote be taken among the voting constituency attached to the agreement in the following bargaining unit:
all employees of Tasty Selections within 100 kilometers of the Municipality of Metropolitan Toronto, save and except supervisors, persons above the rank of supervisor, clerical, office staff and driver salesmen.
The vote will be held on June 8, 2000. Other vote arrangements will be as set out above.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with the applicant.
The applicant is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to this application, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken.
The matter is referred to the Registrar.
“Brian McLean”
for the Board