1730-01-R International Association of Machinists and Aerospace Workers, Applicant v. Canadian Auto Workers-Canada, Local 1987 and Messier-Dowty Electronics, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; November 9, 2001
By decision dated October 29, 2001, the Board directed the filing of submissions concerning the issue raised by the identity of the successor entity in the transfer agreement by which the applicant claims that, pursuant to section 68 of the Labour Relations Act, 1995, as amended (“the Act”), it has obtained bargaining rights formerly held by Canadian Auto Workers-Canada. The transfer agreement refers to “IAM and it’s [sic] Local 905”, which ostensibly suggests a different entity than the applicant.
Only the applicant filed submissions in response to the Board’s decision of October 29, 2001. (Counsel for Messier-Dowty Electronics (“the employer”) advised the Board that the employer had no further representations to make.) The applicant points out that the applicant was previously known as the International Association of Machinists, or its acronym, IAM. The applicant contends that “IAM and its Local 905” is simply a short form reference to the name of the applicant, and that the employees in the bargaining unit have indicated their desire to be represented by the applicant.
The Board notes that the transfer agreement referred to above, as well as copies of the application cards for membership in the applicant, were filed as part of the application in this matter. Moreover, the Confirmation of Posting filed by the employer indicates that two copies of the application and Notice to Employees were posted in the workplace on September 25, 2001. Thus, it appears that the employees affected by the application had notice of, among other things, the transfer agreement and its reference to “IAM and it’s Local 905”. No objections or representations of any kind were filed with the Board by employees affected by this application. In the circumstances, I am satisfied that a declaration should issue.
Having regard to the material before it, and pursuant to section 68 of the Act, the Board hereby declares that the applicant union has acquired the rights, privileges and duties of its predecessor Canadian Auto Workers-Canada, Local 1987, by reason of a merger, amalgamation, or transfer of jurisdiction.
The responding employer is directed to post copies of this decision where it is most likely to come to the attention of all employees who may be affected by it. These copies are to remain posted for 30 days.
“Patrick Kelly”
for the Board