Teamsters Local Union No. 419 v. SERCA Food Service Inc., 2000 CanLII 12611

Case Summary

The employer announced a corporate reorganization involving the closure of several facilities and the opening of a new facility in Mississauga. Before any employees were hired at the new facility, the employer and the union representing employees at one of the closing facilities negotiated a replacement collective agreement that expanded the union's recognition to include the new Mississauga facility. The applicants, who represented employees at other closing facilities, challenged this voluntary recognition under sections 66 and 96 of the Labour Relations Act, 1995. The responding parties brought motions to dismiss for lack of status and failure to disclose a prima facie case. The Board dismissed the section 66 applications, finding the applicants lacked status as they did not represent employees in the new bargaining unit. However, the Board refused to dismiss the section 96 unfair labour practice complaints against the employer on a prima facie basis, finding that the expansion of the scope clause without evidence of the employer's reasons raised complex labour relations issues requiring a full hearing. The section 96 complaints against the union were dismissed for failing to disclose a prima facie case of impropriety.

2124-99-U; 2125-99-R Teamsters Local Union No. 419, Applicant v. SERCA Food Service Inc., Ontario Division, Kitchener Branch, Northern Ontario Joint Council of the Retail Wholesales and Department Store Union District Council of the United Food and Commercial Workers International Union Responding Parties v. Chris Aiken, Ralston Anderson and David Atkinson et al, Intervenor.

2821-99-U; 2822-99-R Chris Aiken, Ralston Anderson and David Atkinson et al, Applicant v. SERCA Food Service Inc., Ontario Division, Kitchener Branch and Northern Ontario Joint Council of the Retail, Wholesales and Department Store Union District Council of the United Food and Commercial Workers International Union Responding Parties.

BEFORE: Timothy W. Sargeant, Vice-Chair.

APPEARANCES: Armand Lamonday, Seema Lamna, Al Lee, Alan Monforton, Allan Simon, Hugh Mills, Keith McConnell, Marish Rowan, and Tom Fraser for the applicants; Bernard Fishbein, Robin McArthur, Jim Wright, F. G. Hamilton, Hugh Secord and Bob Wuest for the responding party.

DECISION OF THE BOARD; March 14, 2000

DECISION

1Files 2822-99-R and 2125-99-R are applications brought pursuant to section 66 of the Labour Relations Act, 1995 (the “Act”). Files 2124-99-U and 2822-99-U are applications brought under section 96 of the Act alleging various breaches of the Act by the responding party including sections 5, 53, 70, 72, 73, and 76.