UFCW Canada v. Sobey's Whitby Retail Support Centre
2472-01-R UFCW Canada, Applicant v. Sobey’s Whitby Retail Support Centre, Responding Party v. National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), Intervenor v. District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, Intervenor.
2483-01-R National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), Applicant v. Sobeys Inc., Responding Party v. United Food and Commercial Workers International Union, Intervenor v. District 2A, Transportation, Technical, Warehouse, Industrial and Service Employees Union, affiliated with American Maritime Officers, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 11, 2001
1The Board is in receipt of a letter from CAW. That letter asserts that CAW should be present on the ballot which is to be used for the vote among part-time employees in this matter. CAW requests that it be added to the ballot.
2There is not enough time for the Board to amend the ballot as the CAW desires.
3However, the CAW’s letter and request cause the Board sufficient concern that in our view it is appropriate to cancel the representation vote scheduled for today.
4This is a difficult decision for the Board to come to. Nevertheless, given the complexity of the issues involved in setting appropriate bargaining unit constituencies, the amendments that have already been made and the notice issues which arise therefrom, it is our view that this course of action will ensure that the representation vote, when held, represents the true wishes of the affected employees. To do otherwise would be to invite litigation and the likelihood of another representation vote some time in the future.
5The new vote will be held on Friday, December 14, 2001.
6A further decision will issue directing a new vote, setting voting constituencies and the form of ballot.
“Brian McLean”
for the Board