Kristin Barber v. United Food and Commercial Workers International Union, Local 175
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: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; September 29, 2000
1This is an application for termination of bargaining rights under section 63(2) of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”).
2The applicant describes the bargaining unit of employees for which the responding party is the bargaining agent as follows:
all employees of the James Street Food Town, in the City of Hamilton, save and except the store Manager and Produce Department Manager and those above the rank of Assistant Manager and Produce Department Manager, office and clerical staff and employees regularly employed for more than 24 hours per week and students employed in off school hours and during school vacation periods.
3The applicant’s description appears to describe a part-time unit of employees.
4The responding party describes the bargaining unit as follows:
all employees of the James Street Food Town, in the City of Hamilton, save and except the Assistant Store Manager, Produce Department Manager, persons above the rank of Assistant Store Manager and Produce Department Manager, office and clerical staff and employees regularly employed for not more than twenty-four (24) hours per week and students employed during off school hours and during school vacation periods.
5The bargaining unit described by the intervenor differs slightly from that of the responding party, although it too describes a full-time unit. That description reads:
all employees of the company in the City of Hamilton, save and except Assistant Store Manager, and Produce Department Manager, those above the rank of Assistant Store Manager, and Produce Department Manager, office and clerical staff and all employees regularly employed for not more than twenty-four (24) hours per week and students employed in off-school hours and during school vacation periods.
6The collective agreement filed by the responding party sets out two recognition clauses, one covering full-time employees, the other covering part-time employees. Clause 2.01 provides as follows:
2.01(a) The Company recognizes the United Food and Commercial Workers, Local 175, as the sole and exclusive bargaining agent for all employees of the Respondent in the City of Hamilton , save and except Assistant Store Manager, and Produce Department Manager, those above the rank of Assistant Store Manager, and Produce Department Manager, office and clerical staff and all employees regularly employed for not more than twenty-four (24) hours per week and students employed in off-school hours and during school vacation periods.
(b) The company further recognizes the United Food and Commercial Workers International Union, Local 175, as the sole and exclusive bargaining agent for all employees of the respondent in the City of Hamilton regularly employed for not more than twenty-four (24) hours per week, save and except Assistant Store Manager, Produce Department Manager, those above the rank of Assistant Store Manager, Produce Department Manager and office and clerical staff.
7All parties agree that there are eleven persons in the applicable bargaining unit, and the list of employees contained in Schedule C of the intervention identifies eleven names, some of which are indicated as being full-time employees, and others as part-time employees.
8The Board is not prepared to consider the application further until the applicant confirms the bargaining unit in respect of which the application is brought, and the number of employees it estimates are in that bargaining unit.
9The applicant is to provide the Board and the other parties in writing the information sought in paragraph 8 above by no later than 2:00 p.m., Tuesday October 3, 2000. Following the deadline for receipt of the information, the Board shall give further consideration to this application.
“Patrick Kelly”
for the Board