0125-01-R Industrial Wood & Allied Workers of Canada I.W.A. Canada-Local 700, Applicant v. Uniform Countertops Inc., Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
APPEARANCES: L. Steinberg and R. Diotte for the applicant; Walter Thornton and Milos Bezousku for the responding party.
DECISION OF THE BOARD; August 28, 2001
The style of cause is hereby amended to reflect the correct name of the applicant: Industrial Wood & Allied Workers of Canada I.W.A. Canada-Local 700.
This is an application for certification. A representation vote was held on April 19, 2001 The majority of employees in the bargaining unit voted in favour of being represented by the applicant. However, the Board (differently constituted) identified an issue with respect to the applicant’s status as a trade union and a hearing was held, before this panel, with respect to that matter.
There has been a local “700” of the “I.W.A.” for almost fifty years. During that time it has used a number of names. Prior to the hearing, the applicant sought to change the name on the application from Industrial Wood & Allied Workers of Canada (I.W.A. Canada Local 700) to the name now set out in the style of cause. Essentially it asked that the brackets be removed and a hyphen added. The Board dealt with that matter at the outset of the hearing. The responding party (referred to as the “company”) opposed the change. It claimed that if the applicant needed to change the name on the application the change must be significant and if it is a significant change it should not be granted. The company also claimed that the applicant should have made the request before the vote was held as the Board’s postings and decisions would have the original name on them. However, it did not claim that employees would be confused by the change about the identity of the applicant. The company did say that the original name might suggest that the application was from the national union and after the change it looked like it was from the local. The cards indicate membership in both the national and the local. The responding party argued however that the union’s name on the cards was different. The company argued that the applicant appears to use many different names and that the Board should therefore not permit the amendment.
The Board granted the request to amend the name on the application and ruled orally as follows:
The Board has considered the submissions of the parties. There is no doubt in my mind that the majority of employees of Uniform Countertops Inc. in the bargaining unit, voted to be represented by Local 700 of the Industrial Wood & Allied Workers of Canada also known by its initials “IWA”. The name proposed by the applicant would not cause any confusion among those employees. The responding party does not claim that it would. There is nothing in the change that would make the vote invalid. The Board is satisfied that both versions of the name reflect a certification application by the local and that the membership documents reflect an application for membership in the local and the national. The Board therefore exercises its discretion under section 112 of the Act to permit the name of the applicant to be changed to Industrial Wood and Allied Workers of Canada I.W.A. Canada-Local 700.
The Board then turned to a consideration of the status of the applicant as a trade union. The Board (differently constituted) had found the applicant to be a trade union and issued a certificate to that effect in Board file no. 1366-99-R on August 23, 1999. An earlier panel considering this application had determined that the decision in Board file no. 1366-99-R was based on a determination in Board file no. 1188-97-R. However, the earlier panel in this application expressed some concern in a decision dated June 13, 2001, that the decision in Board file 1188-97-R was a determination that I.W.A. – Canada Local 700 had acquired the rights, privileges and duties of the Canadian Union of Drivers and General Workers and did not actually determine trade union status, at least in the usual manner. Although the applicant was of the view that it could successfully argue that the Board should rely upon the determination in file no. 1366-99-R that it had status, it agreed to go ahead and prove its status given the issue raised by the Board.
Having considered the agreed facts and materials and the arguments presented by the parties, the Board finds that the applicant is a trade union under the Labour Relations Act, 1995. As noted above, a local “700” of the “IWA” has been in existence since 1953. It was originally a chartered local of the International Woodworkers of America known as 2-700. The number “2” signified the region it was in. In 1987 the two Canadian regions of the International Woodworkers of America merged and became Region “1”. They then disaffiliated from the international union and created the national union IWA-Canada. The applicant became known as Local 1-700. It participated in the founding convention of the national and on December 1, 1987 was granted a charter for that union. The charter was for IWA- Canada Local 1-700. At the constitutional convention in 1994 the national union changed its name from IWA-Canada to Industrial Wood & Allied Workers Union of Canada (IWA-Canada). At that convention, a resolution was passed authorizing the chartered locals to reflect the formal name change and to delete the number “1” from their names. In May 1995 Local 1-700 received another charter document reflecting the amended name of the national. In June 1995 it passed a resolution pursuant to the resolution of the national deleting the number “1” from its name. As of the date of the hearing it had not received a new charter reflecting that change to its name. It is undisputed that throughout its existence local 700 whether known as 1-700 or simply as 700 has represented employees and bargained with employers with respect to terms and conditions of employment. It has elected officers and filed grievances. There has been a seemless transition throughout the various name changes. Local 700 currently represents 1500 members under collective agreements with 24 employers. There is therefore no question that it is a trade union.
The company argued that the applicant cannot be certified as the collective bargaining representative of its employees because is does not exist as a trade union. It claimed that since the local had not received a charter reflecting its current name change prior to the application it still only existed under its prior name. Since that was not the name on the application, the application must be dismissed. However, the applicant is not a newly created trade union and therefore does not need a new charter. Even if the national constitution required one, it would only be a piece of evidence considered by the Board in making its determination. In this case, there is undisputed evidence that local 700 has been conducting itself as a trade union for decades. In Hawkesbury Knitting Mills [1997] OLRB Rep. Sept./Oct. 3550 the Board had to consider a similar issue with respect to one of the applicant’s sister locals and found as follows:
Having considered the evidence, the authorities and the submissions of the parties, I am satisfied that the applicant is a trade union within the meaning of the Act. It is true that if the applicant were relying exclusively on the grant of a charter from the parent trade union, there might, as employer counsel so ably pointed out, be certain deficiencies in its case. But even if these deficiencies might otherwise be fatal to the applicant’s case (a question which it is unnecessary for me to decide), when I consider that evidence together with the undisputed evidence regarding the nature and scope of the applicant’s ongoing activities I am satisfied that the applicant is a trade union. In this regard, I note again that the applicant has some 2000 members and is involved in bargaining documents that the workplace parties describe as collective agreements in some 30 bargaining units. I also observe that the by-laws identified as those governing the applicant’s activities contain the types of provisions typical of trade union constitutional documents (an appropriate objects clause, provisions regarding officers and their election, regular meetings and the raising of funds).
The factors described in Hawkesbury Knitting Mills [1997] supra also apply to the applicant and support the Board’s determination that this local is a trade union under the Act.
The company also argues however, that the applicant has failed to prove that it has taken certain necessary steps such as confirming or electing officers after the change in the name. It also says that the local’s bylaws are not completely consistent with the requirements of the national’s constitution and that there is no evidence in the materials that the bylaws were ratified. However, when balanced against the overwhelming evidence that the applicant is a trade union and has been conducting itself as one for decades those internal union matters are simply not significant.
Having regard to the agreement of the parties, the Board further finds that:
all employees of Uniform Counterops Inc., in the Regional Municipality of York inclusive of Concord, save and except forepersons and persons above the rank of foreperson, sales staff and office and clerical staff
constitute a unit of employees of the responding party appropriate for collective bargaining.
On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
A certificate will issue to the applicant.
The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.
The responding party is directed to post copies of this decision immediately in places where they are likely to come to the attention of affected employees. The copies must remain posted for 30 days.
“Laura Trachuk”
for the Board