1221-00-U Paul Bolt, Applicant v. Maksteele Workers Association Committee and Maksteele Inc., Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; August 15, 2000
This is an application alleging a violation of section 74 of the Labour Relations Act, 1995 (“the Act”). Section 74 provides as follows:
A trade union or council of trade unions, so long as it continues to be entitled to represent employees in a bargaining unit, shall not act in a manner that is arbitrary, discriminatory or in bad faith in the representation of any of the employees in the unit, whether or not members of the trade union or of any constituent union of the council of trade unions, as the case may be.
Among other things, the responding party, identified by the applicant as Maksteele Workers Association Committee (“the Association”) takes the position that it is not a trade union within the meaning of the Act, but rather that it is a voluntary organization of employees of Maksteele Inc., (“the employer”). It contends that it is not voluntarily recognized by the employer as the exclusive bargaining agent for employees of the employer. The Association submits that it is not, therefore, subject to the duty of fair representation as set out in section 74.
If the Association is not a trade union within the meaning of the Act, it would appear that it owes no corresponding statutory duty of fair representation to the applicant.
Since the filing of the response, the applicant has filed a document which appears to be a set of policies and procedures applicable to employees of the employer. The document refers to the Association, informing employees that the Association represents the interests of the hourly paid work force; that the Association ensures that the employer regularly addresses the concerns of employees, with a view to the best interests of those employees, as well as the company’s. The document indicates that hourly rates of pay are determined by the employer “in consultation with” the Association. However, there is no provision for binding arbitration of any disputes that might arise from the interpretation, administration or alleged violation of the document. Nor does seniority play any significant role, other than that “length of service” determines eligibility for certain benefits such as vacation. There is no indication in the document that the Association is a party or signatory to it. The document, in short, does not appear to be a collective agreement as defined by the Act, nor does it establish on its face that the Association might be a trade union.
The applicant is directed to provide submissions to the Board and to the responding party concerning the responding party’s claim that it is not a trade union, and therefore not subject to the duty of fair representation.
These submissions are to be provided on or before August 22, 2000. Upon receipt of the applicant’s submissions the Board will decide whether to dismiss the application without a consultation, set the matter down for consultation or seek further submissions.
“Patrick Kelly”
for the Board