2294-99-R CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada), Applicant v. Growmark Inc., Responding Party v. Donald Devoe, Peter Martin, Patrick Sage, Rick Sytsma, Jerrold Trott and Brad Watson, Intervenors.
2565-99-R Canadian Union of Retail and Transportation Workers, Applicant v., Growmark Inc., Responding Party v. CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Intervenor.
3094-99-U Donald Devoe, Peter Martin, Patrick Sage, Rick Sytsma, Jerrold Trott and Brad Watson, Applicants v. CAW Local 414 of National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW-Canada) and United Steelworkers of America, Responding Parties v. Growmark Inc., Intervenor.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; July 17, 2000
[1]. Pursuant to a Memorandum of Agreement between the parties dated June 13, 2000, it was agreed that the issue of whether the Canadian Union of Retail and Transportation Workers (“CURTW”) is a trade union pursuant to subsection 1(1) of the Labour Relations Act, 1995 (“the Act”)would be referred to the Board for decision.
[2]. Growmark, the United Steelworkers of America and CAW Local 414 of the National Automobile, Aerospace, Transportation and General Workers’ Union of Canada (CAW- Canada) take no position with respect to the status of CURTW.
[3]. CURTW has filed with the Board its constitution dated November 17, 1999 as well as Minutes of the original founding meeting of CURTW. The Minutes set out confirmation of the timing of the events at the founding meeting. Among other things, the Minutes set out that the Meeting was called to order; the draft constitution was distributed and discussed; employees signed membership cards; approval was obtained with respect to the form and content of the constitution; a motion was put on the floor to
approve and confirm membership evidence; officers were elected and the Minutes were signed.
[4]. The Board has set out in its decision Local 199 U.A.W. Building Corporation [1977] OLRB Rep. July 472 the steps that must be taken in order to achieve the status of a trade union. At paragraph 10 of that decision the Board stated:
The following steps should be taken by an organization wishing to establish its status as a trade union within the meaning of the Act.
(1) A constitution should be drafted setting out, among other things, the purpose of the organization (which must include the regulation of labour relations) and the procedure for electing officers and calling meetings;
(2) the constitution should be placed before a meeting of employees for approval;
(3) the employees attending such meeting should be admitted to membership;
(4) the constitution should be adopted or ratified by the vote of said members;
(5) officers should be elected pursuant to the constitution.
[5]. Given the evidence of CURTW as to the steps that were taken, we find that it is a trade union pursuant to the Act.
“Stephen Raymond”
for the Board