UFCW Canada v. Sobey’s Whitby Retail Support Centre
2472-01-R UFCW Canada, Applicant v. Sobey’s Whitby Retail Support Centre, Responding Party.
2483-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Sobeys Inc., Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; December 5, 2001
Decision
1The Board is in receipt of correspondence dated December 5, 2001 from counsel for the applicant (“the UFCW) in Board File No. 2472-01-R. He requests directions from the Board that the applicant (“the CAW”) in Board File No. 2483-01-R serve his office with any of CAW’s responses, interventions or applications in these matters; and that District 2A, Transportation, Technical, Warehouse Industrial and Service Employees Union affiliated with the American Maritime Officers (“District 2-A”) serve his office, by facsimile transmission, with copies of any interventions that it intends to file in these matters.
2Counsel for the UFCW also requests an extension of the time limits imposed by the Board in its decision of December 4, 2001 with respect to the filing of written submissions concerning the date of vote and the form of the ballot in the event that representation votes in these matters are ordered by the Board.
3The Board is also in receipt of correspondence dated December 5, 2001 from counsel for District 2-A wherein he advises that District 2-A received copies of the original applications for certification filed in these proceedings and intends to file interventions in these applications. Counsel for District 2-A requests that the Board order the parties to forward to his office copies of all submissions which were referred to in the Board’s decision of December 4, 2001, as well as an order directing the UFCW to provide his office with a copy of its application for certification as amended (also referred to in the Board’s decision of December 4, 2001). In addition, counsel for District 2-A requests leave of the Board to file its interventions by the end of the day on December 6, 2001, in order to have an opportunity to consider the more recent submissions of the parties, copies of which counsel indicates it had not previously received.
4Except to the extent that they have not already done so, all interested parties are hereby directed forthwith to provide one another copies of all applications, responses, interventions, correspondence and any other materials that have been or will be filed with the Board in these matters. As well, any future filings are to be provided to all other parties.
5The request by the UFCW for an extension to file written submissions as directed in the Board’s decision of December 4, 2001 is denied. The effect of granting that request for an extension would further delay consideration of these applications, and in any event, it is not clear why the UFCW requires the response of the responding party in Board File No. 2472-01-R in order to complete those submissions respecting the form of the ballot and the date of vote. In fact, the UFCW has made what it characterizes as preliminary submissions without the benefit of that response, and is not precluded from filing further submissions by 5:00 p.m. on December 6, 2001.
6The request of District 2-A for an extension to file its interventions until December 6, 2001 is hereby granted. The extension will have no impact on the consideration by the Board of these applications on Friday, December 7, 2001. Moreover, it would appear that counsel for District 2-A did not, and has yet to, receive copies of the correspondence that the Board considered in its decision of December 4, 2001, which copies have been herein directed to be delivered forthwith.
“Patrick Kelly”
for the Board