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 v. 1318359 Ontario Limited c.o.b. as Ryder Grocery Services, Intervenor.
1226-00-U United Food and Commercial Workers International Union, Applicant v. District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers, and 1318359 Ontario Limited c.o.b. as Ryder Grocery Services, Responding Party.
2511-98-R District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, Applicant v. 1318359 Ontario Limited, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
APPEARANCES: John R. Evans, Travis Kearns, John Forster, Linval Dixon and Dustin Rose for United Food and Commercial Workers International Union; J. Timothy (Tim) Lawson, Meredith Keenan and Wade Rose for 1318359 Ontario Limited c.o.b. as Ryder Grocery Services; Mike McCreary and Dennis Gelder for District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union Affiliated with American Maritime Officers.
DECISION OF THE BOARD; November 1, 2000
Board File No. 1128-00-R is an application for certification. Board File No. 2511-98-R involves a request for reconsideration of a certificate issued by the Board. Board File No. 1152-00-R is an application for termination of bargaining rights. Board File No. 1226-00-U is an unfair labour practice complaint. The Board hereby orders that these matters be consolidated.
The hearing in this matter commenced on August 14, 2000. At that time the Board heard argument regarding various preliminary issues. The Board made oral rulings which this decision confirms.
The Board orders that the following documents be provided to the other parties within 10 days of the date of this decision:
By District 2A
a) the constitution of District 2A, together with any related supporting documents;
b) all correspondence between District 2A and Ontario Limited regarding the application for certification in Board File No. 2511-98-R and the negotiation of the collective agreement between those parties;
c) a list of all officers of District 2A;
d) minutes of all meetings held by District 2A;
d) financial records of District 2A;
e) anything in District 2A’s possession regarding the “Bob/Mike” trip to Ontario which is the subject matter of these complaints or employment by the company.
By 1318359 Ontario Limited
a) correspondence between District 2A and Ontario Limited regarding the application for certification in Board File No. 2511-98-R and the negotiation of the collective agreement between those parties;
b) a complete list of employees that have been hired, with their location and date of hire;
c) a copy of the contract for service between Sobey’s and Ontario Limited and all correspondence leading up to the contract, with all confidential financial data blacked out. 1318359 Ontario Limited will provide both a non-blacked out and a blacked-out copy of these documents to the Board;
d) anything in their possession and control relating to “Bob/Mike” trip to Ontario which is the subject matter of these complaints or employment by the company.
- The Board also orders that particulars be provided by the following parties on the following allegation:
By the UFCW
a) particulars regarding when the UFCW had suspicions regarding District 2A, when they commenced their investigation into District 2A and what documents were obtained and when they obtained them.
By District 2A
a) the date and location of the ratification vote.
This will confirm the Board’s decision that it will hear the applications. Any arguments that the parties may have which would otherwise be made on a preliminary basis can be made at the conclusion of the case. The UFCW will proceed first, Ryder Logistics will put its case in next and District 2A will call its evidence last.
This matter is hereby set down for hearing on December 4 & 8, 2000, January 9, 15, 16, 17, 22, 23 & 24, 2001. The hearing will take place in the “Boardroom” at 505 University Avenue, 2nd Floor, Toronto, commencing at 9:30 a.m.
This panel is not seized.
“Brian McLean”
for the Board