Ontario Labour Relations Board
1838-01-R Southwestern Ontario Health Care and Service Workers Local 303, CLAC, Applicant v. Children’s Village Daycare Centre, Responding Party.
BEFORE: Mary Anne McKellar.
DECISION OF THE BOARD; October 29, 2001
1This is an application for certification.
2By decision dated October 9, 2001, the Board directed a representation vote in this matter. In paragraph 2 of that decision, the Board commented as follows with respect to the trade union status of the applicant:
The applicant has not previously been found to be a trade union within the meaning of section 1(1) of the Act, but has filed with the Board and delivered to the other party copies of material upon which it intends to rely in establishing that it is a trade union within the meaning of the Act. The applicant is directed to file with the Board and deliver to the other party any additional material it intends to rely on for this purpose by October 16, 2001. The responding party is directed to file and deliver any responding submissions with respect to the trade union status of the applicant by October 23, 2001.
3Neither the applicant nor the responding party have filed any additional materials respecting the applicant’s trade union status. Consequently, the Board will decide this issue based on the documents already filed. Those documents include the Constitution of the Christian Labour Association of Canada (“CLAC”) and its Affiliated Locals, as amended April 8, 2000; a “Certificate of Affiliation” issued by CLAC on June 22, 2001, certifying that affiliation with CLAC had been granted to the applicant; and one entitled “Minutes of an Organizing Meeting to establish a Southwestern Ontario Health Care and Service Workers Local”, held April 12, 2001 (“the Minutes”). The Minutes indicate that the meeting was attended by ten employees working in the health care and service industries and that the following motions, inter alia, were made and carried:
- that those present proceed to form a trade union for the purpose of regulating conditions of work with various employers. The union to be affiliated with the Christian Labour Association of Canada (“CLAC”);
- that the name of the union be Health Care and Service Workers Local ___, affiliated with the Christian Labour Association of Canada;
- that the CLAC National Constitution be approved;
- that those present sign membership application cards bearing the name of the union and pay an initiation fee of five dollars ($5.00);
- that the CLAC National Constitution be adopted and ratified as the constitution of this Union; and
- that a campaign be started immediately by the union to organize eligible employees and . . .that the officers take such action as may be required to obtain status and recognition of the union.
The Minutes also reflect the election from among those present of certain individuals to hold the offices of President, Vice-President, Secretary, Treasurer and Assistant Secretary-Treasurer.
4Article 3 of the CLAC National Constitution sets out the “aim” of the organization:
The aim of CLAC is to organize workers in craft, trade, industrial, occupational or general workers locals, for the purpose of propagating, establishing and maintaining justice in the sphere of labour and industry, and promoting the economic, social and moral interests of workers through the practical application of Christian principles in collective bargaining an other means of mutual aid or protection.
5Article 8 of the CLAC National Constitution contains provisions respecting, inter alia, the procedure for electing local union executive officers and for calling meetings of the local.
6The Labour Relations Act, 1995 (“the Act”) defines “trade union” as follows:
1 (1) “trade union” means an organization of employees formed for purposes that include the regulation of relations between employees and employers and includes a provincial, national or international trade union, a certified council of trade unions and a designated or certified bargaining agency.
7In University of Toronto, [1999] OLRB Rep. July/August 742, the Board made the following observations about its caselaw respecting trade union status:
- In applying the definition of "trade union", the Board's caselaw establishes that:
trade unions are, for the most part, unincorporated associations of individuals;
two or more such individuals must have agreed to be bound by the terms of an identifiable written agreement between them;
one of the purposes of the organization, usually expressed in the constitution, must include the regulation of relations between employees and employers;
the organization must be viable and therefore must have at least one officer, official or agent to act on its behalf.
- The Board has also set out a "five-step" guideline for those wishing to set up a trade union. These steps are set out in Local 199, U.A.W. Building Corporation [1977] OLRB Rep. July 472, as follows:
1 .a constitution should be drafted setting out, among other things, the purpose of the organization (which must include the regulation of labour relations) and the procedure for electing officers and calling meetings;
a constitution must be placed before a meeting of employees for approval;
the employees attending such a meeting should be admitted to membership;
the constitution should be adopted or ratified by the vote of said members;
officers should be elected pursuant to the constitution.
8Given the evidence of the applicant as to the steps that were taken, we find that it is a trade union pursuant to the Act.
“Mary Anne McKellar ”
for the Board