1888-00-R Kristin Barber, Applicant v. United Food and Commercial Workers International Union, Local 175, Responding Party v. James Street Food Town, Intervenor.
BEFORE: Stephen Raymond, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; November 21, 2000
1. This is an application for termination of bargaining rights which was filed on September 26, 2000.
2. By Board decision dated November 14, 2000, the Board stated:
2. Subsequent to the filing of this application, two further applications for termination of bargaining rights of the responding party were filed, one for full-time employees and one for part-time employees of the intervenor. These subsequent applications, which the responding party concedes are timely, appear to have been filed out of an abundance of caution, given that there is a dispute concerning the bargaining unit in the first application. The applicants in the subsequent applications purport to leave it to the Board’s discretion whether further representation votes should be directed at this time. The responding party trade union takes the position that the subsequent applications should not be processed nor should a vote be directed until the Board deals with the first application.
3. The Board is of the view that consideration of the subsequent applications should be postponed pursuant to section 111(3)((b) of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”) until a final decision in the first application has been issued by the Board, subject to anything the Board orders or directs in that final decision.
4. The Board directs that no representation votes be conducted in the subsequent applications at this time, and that the subsequent applications not be further processed, subject to the conditions outlined in paragraph 3 above.
3. The parties met on November 20, 2000 with a Labour Relations Officer in attempt to resolve all matters in dispute.
4. The parties entered into a Memorandum of Settlement in which the parties agreed that “the results of the votes held on October 4, 2000 with respect to Board File No. 1888-00-R are to be applied to the two subsequent applications of October 25, 2000”.
5. The vote held on October 4, 2000 was for all employees in the bargaining unit. The votes of full-time employees were segregated from the votes of part-time employees. The parties are now requesting that the Board treat the voting of October 4, 2000 as if there had been separate applications for full-time and part-time employees.
6. More than fifty per cent of the ballots cast by full-time employees in the bargaining unit were cast in opposition to the responding party. More than fifty percent of the ballots cast by part-time employees in the bargaining unit were cast in opposition to the responding party. In any event, the majority of the employees in the bargaining unit cast ballots in opposition to the responding party.
7. The Board declares that the responding party no longer represents the employees of James Street Food Town for whom it has heretofore been the bargaining agent.
8. The 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.
9. Meeting and hearing dates set previously are hereby cancelled.
10. The employer 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.
11. This application is considered resolved and the subsequent applications considered withdrawn.
“Stephen Raymond”
for the Board