Ontario Labour Relations Board
0276-01-U Apollo Health & Beauty Care, Applicant v. United Food & Commercial Workers International Union, Local 175, Responding Party.
0372-01-U United Food and Commercial Workers International Union, Local 175, Applicant v. Apollo Health & Beauty Care, Responding Party.
BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.
DECISION OF THE BOARD; September 5, 2001
Reasons for Decision
1Board File No. 0276-01-U is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) filed by the employer. Board File No. 0372-01-U is an application under section 96 of the Act filed by the union.
2These two matters are scheduled to go before the Board for hearing on September 21, 2001.
3The employer requests that the Board adjourn the hearing scheduled for September 21, 2001 to permit it to prepare for bargaining dates which apparently have been agreed to. The union opposes the employer’s request.
4The Board is not prepared to grant the employer’s request. Each of these applications are with respect to the conduct of bargaining, and, more specifically the employer’s concerns over the composition of the union’s bargaining committee. These concerns appear to be an impediment to bargaining.
5Under these circumstances it makes sense to resolve these issues prior to the recommencement of bargaining if possible. It is unlikely that the hearing would limit the employer’s ability to prepare for bargaining.
6It appears to the Board that the concerns regarding the composition of the union’s bargaining committee may now be behind the parties, in that bargaining dates have been scheduled. We therefore encourage the parties to use the September 21 date for bargaining or to resolve the differences which are reflected in these applications. However, that can only be done on agreement.
7The employer’s request for an adjournment is denied.
“Brian McLean”
for the Board