Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union, District Council of the United Food and Commercial Workers International Union v. Wadland Pharmacy Limited c.o.b. as the Drug Store Pharmacy
2375-01-R Northern Ontario Joint Council of the Retail, Wholesale and Department Store Union, District Council of the United Food and Commercial Workers International Union, Applicant v. Wadland Pharmacy Limited c.o.b. as the Drug Store Pharmacy, Responding Party.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; November 28, 2001
1This is an application for certification.
2The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
3The responding party, although duly served with the application material on November 23, 2001, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 69 of the Board's Rules of Procedure.
4It appears to the Board on an examination of only the information provided in the application and the information and membership evidence filed by the applicant (see section 8(3) of the Act), that not less than forty per cent of the individuals in the bargaining unit proposed in the application for certification were members of the union at the time the application was made.
5The Board directs that a representation vote be taken of the individuals in the following voting constituency:
all employees of Wadland Pharmacy Limited c.o.b. as The Drug Store Pharmacy in the Town of Kirkland Lake, save and except Pharmacist/Manager and persons above the rank of Pharmacist/Manager.
6The vote will be held on November 30, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached "Notice of Vote and of Hearing".
7All individuals who had an employment relationship with the responding party in the voting constituency on November 23, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on November 23, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.
8Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.
9The Board notes that the employer has not completed and returned Form A-5, Confirmation of Posting. The Board orders the responding party to forthwith post the Notice to Employees of Application for Certification and a copy of this decision and to return a completed Form A-5 to the Board’s offices. In this regard the Board draws the attention of the employer to section 104 of the Act which states:
- (1) Every person, trade union, council of trade unions or employers' organization that contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act is guilty of an offence and on conviction is liable,
(a) if an individual, to a fine of not more than $2,000; or
(b) if a corporation, trade union, council of trade unions or employers' organization, to a fine of not more than $25,000.
(2) Each day that a person, trade union, council of trade unions or employers' organization contravenes any provision of this Act or of any decision, determination, interim order, order, direction, declaration or ruling made under this Act constitutes a separate offence.
(3) Every fine recovered for an offence under this Act shall be paid to the Treasurer of Ontario and shall form part of the Consolidated Revenue Fund.
10Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, including any matters relating to the representation vote, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).
11The matter is referred to the Registrar.
“Brian McLean”
for the Board