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: Stephen Raymond, Vice-Chair.
DECISION OF THE BOARD; October 2, 2000
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on September 26, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and James Street Food Town, with an effective date of October 16, 1996 until October 31, 2000. The bargaining unit description in that collective agreement is 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.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of James Street Food Town employed in the bargaining units described in paragraph 2 above. All those employed in that bargaining unit on September 26, 2000, the application filing date, will be eligible to vote.
5There is a dispute between the parties as to when the vote should be held. After considering the submissions of the parties, the Board directs that the vote will be held on October 4, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with James Street Food Town.
7Since it is not clear whether there are two bargaining units being applied for or only one unit, the ballots cast by part-time employees (those covered by Article 2.01(b) of the collective agreement) should be segregated and counted separately from those cast by full-time employees (those covered by Article 2.01(a) of the collective agreement).
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Stephen Raymond”
for the Board