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 4, 2001
1Board File No. 2472-01-R is an application for certification received by the Board on December 3, 2001.
2In correspondence dated December 3, 2001, and brought to the attention of this panel of the Board on December 4, 2001, counsel for the responding party (“Sobey’s”) in Board File No. 2472-01-R notes that paragraph 4 of the application, which requires the applicant (“the UFCW”) to state the number of employees it believes to be in its proposed bargaining unit, contains no number. Counsel contends that the application fails to comply with the Board’s Rules of Procedure. Counsel submits that the application is fundamentally deficient, to the extent that Sobey’s is unable to respond to, or make an assessment of, the application, particularly in the context of section 8.1 of the Act, which confers upon Sobey’s in a certification application a right to dispute an applicant’s estimated number of individuals in its proposed bargaining unit, and give notice of that dispute in its response. Counsel requests that the Board reject the application, and find that no application has, in the circumstances, been filed. Counsel further requests that the Board confirm that it is not required to respond until such time as a completed application in the proper form has been filed with the Board.
3Subsequently on December 4, 2001, the Board received correspondence from counsel for the UFCW, acknowledging that paragraph 4 of the application was incomplete, and requesting leave of the Board to amend the application. Counsel for the UFCW attached an amended application in which paragraph 4 is completed. Counsel for Sobey’s is in receipt of this last correspondence as well as the attached amended application, and has replied via facsimile transmission requesting that the application filed on December 3, 2001 be declared abandoned or withdrawn, and the amended application be treated as a new application filed on December 4, 2001. Counsel for the UFCW opposes that suggestion.
4The legitimate concerns raised by counsel for Sobey’s appear to be addressed with the provision of the information provided by the UFCW on December 4, 2001. Therefore, rather than declaring the original application withdrawn or abandoned, we hereby permit the amendment sought by the UFCW and direct that any responses are due on or before December 6, 2001.
5The Board received another application for certification by National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada) (“the CAW”) on December 3, 2001 for which appears to be in respect of some or all of the same employees affected by the UFCW application (Board File No. 2483-01-R). In the circumstances, we would, if a vote is warranted in both applications, be inclined to direct a single representation vote to be held on Tuesday, December 11, 2001, and further direct that the ballot contain a choice between the UFCW, the CAW, and no union. Should any party in either application for certification be opposed to those directions, they are to file and deliver written submissions. In the case of the responding parties, these may be contained in their responses, but in any event, these written submissions must be provided by all the parties on or before 5:00 p.m. Thursday, December 6, 2001.
6The Sobey’s is directed to post copies of the amended UFCW application and this decision in place of any copies of the previous UFCW application which may have been posted in the workplace, in a location or locations where they are likely to come to the attention of employees affected by the application.
“Patrick Kelly”
for the Board