1128-00-R United Food and Commercial Workers International Union, Applicant v. 1318359 Ontario Limited c.o.b. as Ryder Logistics, Responding Party v. District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers, Intervenor.
1152-00-R United Food and Commercial Workers International Union, Applicant v. District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers, Responding Party.
BEFORE: Anthony Brown, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; July 19, 2000
Board File No. 1128-00-R is an application for certification filed on July 13, 2000, pursuant to the Labour Relations Act, 1995 (the "Act"). Board File No. 1152-00-R is an application for termination of bargaining rights under section 64, 65 or 66 of the Act, filed on July 18, 2000.
The responding party and intervenor in Board File No. 1128-00-R assert that the employees in the applicant’s proposed bargaining unit are already represented by a trade union (the intervenor) and are presently covered by a collective agreement. The applicant asserts that the incumbent trade union obtained its certificate by fraud and that there is no valid collective agreement covering these employees. The applicant has now filed an application for termination of bargaining rights in respect of the same group of employees.
The issue arises as to how these applications should be processed by the Board and particularly as to whether a representation vote should be held. Having considered the submissions of the parties, the Board has decided not to process the application for certification further at this time. Given the existence of the intervenor’s certificate and a purported collective agreement, it is important for the Board to hear the parties’ submissions on the allegations made by the applicant before proceeding any further with the certification process. Accordingly, no representation vote will be ordered at this time.
The Registrar is directed to schedule a hearing of the application in Board File No. 1152-00-R to be held by the Board on August 14 and 15, 2000, at 9:30 a.m. in the “Board Room, 2nd Floor, 505 University Avenue, Toronto, Ontario.
The responding party is directed to post copies of this decision adjacent to each of the posted copies of the “Notice to Employees of Application for Certification”. These copies must remain posted for 30 days.
The matter is referred to the Registrar.
This panel of the Board is not seized with these matters.
“Anthony Brown”
for the Board