2355-99-R Retail, Wholesale Dairy & General Workers’ CAW Local 440 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Retail Wholesale Canada, Canadian Service Sector Division of the United Steelworker of America, Local 440, Responding Party Trade Union, v. Hillenbrand Industries Canada Ltd., Responding Party Employer.
BEFORE: Timothy W Sargeant, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; August 29, 2000
This is an application under section 68 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the applicant has acquired the rights, privileges and duties of its predecessor union by reason of a merger, amalgamation or transfer of jurisdiction.
An application under section 68 of the Act affects the employees, if any, of the responding party in respect of whom the applicant seeks a declaration that it is the successor trade union. The Board requires the responding party to post a notice of the application together with the application where they are most likely to come to the attention of the employees affected. Paragraphs 3, 4 and 5 of the Confirmation Of Filing Of Application Under Section 68 of the Act (Form B-13) sets out the posting requirement.
Paragraph 5 of Form B-13 states that: “The applicant should also verify the posting and should complete and file section 2 of the Confirmation of Posting form (Form A-26) immediately. If there has been a failure to post notices, the applicant should notify the Registrar immediately.” There is nothing in the file which indicates the responding parties noted above had posted the requisite notice. The applicant has not filed a verification of the posting and did not contact the Registrar to advise that the posting had not been done.
Despite numerous attempts by the Registrar’s office to verify notice of posting, such information has not been received.
In these circumstances, the Board cannot proceed further with this application until the applicant provides the Board with the location (or locations) where those employees are working in order for the Board to authorize a Labour Relations Officer to attend to post the notices or advise the Board that the notice was, in fact, posted by the responding party in accordance with the Board’s direction contained in the Confirmation of Filing (Form B-13).
Accordingly, the Board hereby adjourns consideration of this matter until the applicant advises the Board that the requisite notice was posted. The Board directs the applicant to provide the Registrar with the information described in the preceding paragraph within 30 working days of the date of this decision. If that information is not provided by that date, the application will be deemed to be dismissed.
“Timothy W. Sargeant”
for the Board