1377-00-R Canadian National Federation of Independent Unions, Applicant v. Canada Bread Company, Limited London Transport and Garage (formerly known as Dempster’s Bread Division of Corporate Foods 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: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF TIMOTHY W. SARGEANT, VICE-CHAIR AND BOARD MEMBER D. A. PATTERSON; August 14, 2000
This is displacement application for certification.
The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).
It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
The Board directs that a representation vote be taken of the individuals in the following voting constituency:
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.
The vote will be held on August 16, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
All individuals who had an employment relationship with the responding party in the voting constituency on August 9, 2000, the certification application filing date, are eligible to vote. Employees having an employment relationship on August 9, 2000, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
There is a dispute between the parties as to whether the description of the bargaining unit should exclude “employees covered by the existing Collective Agreement with the Bakery, Confectionary and Tobacco Workers International Union, C.L.C. Local 264”. If any individual is in dispute as a result and wishes to cast a ballot, such individual shall then be entitled to cast a ballot. Any ballot cast by such an individual shall be segregated and not counted until the Board so orders or the parties agree.
Voters will be asked to indicate whether or not they wish to be represented by the applicant or the incumbent in their employment relations with the responding party.
The employer has given the Board notice under section 8.1 of the Act that it disagrees with the union’s estimate of the number of individuals in the bargaining unit included in the application for certification. However, the Board has determined that regardless of which number is used regarding the number of individuals in the bargaining unit, not less than forty per cent of the individuals proposed in the bargaining unit in the application for certification were members of the union at the time the application was made. In the circumstances there will be no order directing that the ballot box be sealed.
The intervenor relies on two material facts:
The applicant is not a trade union.
The intervenor reserves the right to claim this application is untimely.
The intervenor asks that the ballot box be sealed. The Board, however, is not prepared to seal the ballot box pursuant to this request. Status found in Board File No. 0361-00-R.
- The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to each of the posted copies of the "Notice to
Employees of Application for Certification". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the majority
DECISION OF BOARD MEMBER J. A. RONSON; August 14, 2000
The employer has pleaded that section 8.1 applies. As a result, there should be no vote until the issues are dealt with at a hearing. If a vote is ordered, then at the least, the ballot box should be sealed until the section 8.1 issues are resolved.
“J. A. Ronson”