Editor’s Note: Corrigendum released on January 9, 2002. Original judgment has been corrected with text of corrigendum appended.
2067-01-R United Food and Commercial Workers International Union Local 175, Applicant v. Mavis & Bristol Price Chopper, Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair.
APPEARANCES: Joanne L. MaMahon and Mark Flannigan for the applicant; Patrick Moran, George Carere and Craig Wood for the responding party.
DECISION OF THE BOARD; December 18, 2001
In the hearing held on December 17, 2001 the applicant asked that an interim certificate be issued.
The responding party opposes such request.
Except with respect to the emphasized positions, the parties have agreed on the following bargaining unit description:
all employees of Mavis &. Bristol Price Chopper employed at 720 Bristol Road West, Unit #1, Mississauga, save and except the Meat Manager, the Front End Manager, the Bakery/Deli Manager, the Produce Manager and those above the rank of the Meat Manager and the Front End Manager.
The applicant’s position is that department managers should be included within the bargaining unit and that the exclusion should be “save and except assistant store manager and those above the rank of assistant store manager”. The responding party’s position is that department managers should be excluded by virtue of section 1(3)(b) of the Labour Relations Act, 1995, S.O. 1995 c.l, as amended (the “Act”).
The Board has determined, however, that the applicant’s right to certification cannot be affected by the Board’s ultimate decision as to the inclusion or exclusion of the disputed classifications. On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant, regardless of the outcome of the dispute over the bargaining unit.
Accordingly, the Board pursuant to its discretion under section 9(2) of the Act, pending the final resolution of the composition of the bargaining unit, certifies the applicant as the bargaining agent for:
all .employees of Mavis &. Bristol Price Chopper employed at 720 Bristol Road West, Unit #1, Mississauga, save and except department managers and those above the rank of department managers.
Pending the resolution of the status of department managers, a final certificate must await the final determination of the appropriate bargaining unit.
“Timothy W. Sargeant”
for the Board
2067-01-R United Food and Commercial Workers International Union Local 175, Applicant v. Mavis & Bristol Price Chopper, Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair.
APPEARANCES: Joanne L. MaMahon and Mark Flannigan for the applicant; Patrick Moran, George Carere and Craig Wood for the responding party.
DECISION OF THE BOARD; January 9, 2002
- It has come to the attention of the Board that there was an error in the decision dated December 18, 2001. Paragraph 3 of such decision should be amended as follows:
Except with respect to the emphasized positions, the parties have agreed on the following bargaining unit description:
all employees of Mavis &. Bristol Price Chopper employed at 720 Bristol Road West, Unit #1, Mississauga, save and except the Meat Manager, the Front End Manager, the Bakery/Deli Manager, the Produce Manager and those above the rank of the Meat Manager and the Front End Manager.
The applicant’s position is that the Bakery/Deli Manager and the Produce Manager should be included within the bargaining unit. The responding party’s position is that the Bakery/Deli Manager and the Produce Manager should be excluded by virtue of section 1(3)(b) of the Labour Relations Act, 1995, S.O. 1995 c.l, as amended (the “Act”)
- We apologize for any inconvenience this may have caused.
“Timothy W. Sargeant”
for the Board