Ontario Labour Relations Board
File No.: 1377-00-R Date: October 27, 2000
Between: Canadian National Federation of Independent Unions, Applicant v. Canada Bread Company, Limited, Responding Party v. Milk and Bread Drivers, Dairy Employees, Caterers and Allied Employees, Local 647, affiliated with the International Brotherhood of Teamsters, Intervenor.
Before: D. L. Gee, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
Appearances: Daniel Randazzo, Pat Powers and Gerry Varricchio for the applicant; Mike Failes for the respondent; Mike McCreary and Martin Cerqua for the intervenor.
Decision of the Board
1The style of cause is hereby amended to reflect the correct name of the responding party: "Canada Bread Company, Limited".
2This matter is a displacement application for certification. The intervenor challenges the applicant's status as a trade union.
3On June 12, 2000, in Board File No. 0361-00-R, the Board (differently constituted) found the applicant herein to have trade union status. Section 113 of the Labour Relations Act, 1995 stipulates that, once an organization has been found by the Board to have trade union status, absent evidence to the contrary, such is proof in any subsequent proceeding that the organization is a trade union.
4Having regard to the Board's determination with respect to the applicant's status in Board File No. 0361-00-R and section 113 of the Act, the Board (differently constituted) issued a decision in the instant matter on August 14, 2000 in which the applicant was found to be a trade union.
5The intervenor herein filed a request for reconsideration of the Board's decision in Board File No. 0361-00-R granting the applicant status as a trade union. In such request for reconsideration, the intervenor argued that the applicant ought not to be granted trade union status on two bases. First, it was argued that the applicant was representing itself as a sister local of LIUNA, Local 183. Secondly, it was argued that the applicant had a constitution in 1986 but did not seek to prove itself as a trade union until 2000. The Board rejected the intervenor's request for reconsideration on the basis that the intervenor did not have standing to make a request for reconsideration but went on to note that it would also dismiss the request on its merits:
We also note that even if this was an appropriate proceeding, none of the facts set out in the request for reconsideration are such as to cause us to find that the CNFIU is not a trade union. Neither the fact that the CNFIU is representing itself as a sister local of the Labourers' International Union of North America, Local 183 or that the CNFIU had a constitution in 1986 but did not seek to prove that it was a trade union until the year 2000 is evidence that the applicant is not a trade union.
6In the instant matter, the intervenor challenges the applicant's trade union status on the same two bases as argued in Board File No. 0361-00-R. This panel of the Board concurs with the determination made by the panel of the Board in Board File No. 0361-00-R. The intervenor further argues that the applicant has lost its trade union status because the applicant has been inactive between June 12, 2000 (the date it received trade union status in Board File No. 0361-00-R) and August 9, 2000 (the date of the instant application). Assuming it to be possible for a trade union to abandon its status it is our determination that the applicant herein did not abandon its status by virtue of a hiatus of less than three months.
7For the foregoing reasons, the intervenor's challenge to the applicant's trade union status is dismissed. The Board confirms that the applicant has trade union status.
8No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of August 14, 2000.
9Having regard to the agreement of the parties, the Board further finds that:
all transport drivers, dockmen, mechanics and helpers in the employ of Canada Bread Company, Limited London Transport and Garage (formerly known as Dempster's Bread Division of Corporate Foods Limited) at London, Ontario, save and except the transport supervisor, those above the rank of transport supervisor, foreman, those above the rank of foreman, and persons regularly employed for not more than twenty-four hours per week,
constitute a unit of employees of the responding party appropriate for collective bargaining.
10On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
11A certificate will issue to the applicant.
12The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
13Meeting and hearing dates set previously are hereby cancelled.
14The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"D. L. Gee"
for the Board