Mike Kilby v. United Food & Commercial Workers Union, Local 175
File No.: 1742-01-R Date: September 26, 2001
Mike Kilby, Applicant v. United Food & Commercial Workers Union, Local 175, Responding Party v. The Hostess Frito Lay Company, Intervenor.
Before: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
Decision of the Board
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2This application was filed on September 21, 2001. The employees who are affected by this application are covered by a collective agreement between the responding party and Hostess Frito-Lay Company, with an effective date of November 19, 1999, until November 19, 2001. The bargaining unit description in that collective agreement is as follows:
all employees of the Hostess Frito-Lay Company in the geographic district of Thunder Bay, or who have an employment relationship with the Hostess Frito-Lay Company place of business in Thunder Bay, save and except supervisors, those above the rank of supervisor, office and clerical staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of The Hostess Frito Lay Company employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on September 21, 2001, the application filing date, will be eligible to vote.
5The vote will be held on September 28, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with The Hostess Frito Lay Company.
7The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
8Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, 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. 5: Status Disputes in Termination Applications (Non-Construction).
9The matter is referred to the Registrar.
“Timothy W. Sargeant”
for the Board