1376-01-R United Food and Commercial Workers International Union, Local 175, Applicant v. Tibbett & Britten (Axis Logistics Inc.) and Sobeys Ontario, a Division of Sobeys Capital Incorporated, Responding Parties.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; August 23, 2001
1The style of cause is hereby amended to reflect the correct name of one of the responding parties: “Tibbett & Britten (Axis Logistics Inc.)”.
2The applicant has applied to the Labour Relations Board under subsection 1(4) of the Labour Relations Act, 1995, S.O. 1995, c.1, as amended (the "Act") and under section 69 of the Act.
3The applicant wishes to amend its application to include Tibbett & Britten (Axis Logistics Inc.) as a respondent to the application.
4The union has certified that the following documents were sent to Tibbett & Britten (Axis Logistics Inc.);
application under Section 69 and/or Subsection 1(4) of the Act;
a blank copy of a Response to Application under Section 69 and/or Subsection 14) of the Act (Form A-25); and
Notice to Responding Party and/or Affected Party of Application under Section 69 and/or Subsection 1(4) of the Act (Form C-9) with names of the parties and the date inserted.
5The application is amended accordingly.
6The responding party Tibbett & Britten (Axis Logistics Inc.). is directed:
to make and post copies of the Notice to Employees (Form B-18) and the Application under Section 69 and/or Subsection 1(4) of the Act (Form A-24) immediately. A sufficient number of these are to be posted next to each other where they are most likely to come to the attention of all employees who may be affected by the application. They must remain posted for fifteen (15) days;
to promptly inform the Registrar of the date and time of the postings by completing section 1 of the Confirmation of Posting form (Form A-26) attached. Form A-26 may be filed by facsimile transmission. The applicant should also verify the posting and should complete the file section 2 of the Confirmation of Posting form (Form A-26) immediately. If there has been a failure to post notices, the applicant should notify the Registrar as soon as possible.
7The responding party Tibbett & Britten (Axis Logistics Inc.) must file five (5) copies of a response to the application with the Board not later than ten (10) days after the application was delivered to them.
8The responding party Tibbett & Britten (Axis Logistics Inc.) must also file with the Board not later than ten (10) days after the response is due to be filed, three (3) copies of all documents upon which it will be relying in the case (for use by the panel). At the same time, they must deliver copies of those documents to each of the other parties.
“Timothy W. Sargeant”
for the Board