3109-00-R Service Employees International Union Local 528, Applicant v. Service Employees International Union Local 639, Responding Party Trade Union v. Windsor Raceway Inc., Responding Party Employer.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; April 30, 2001
1This is an application under section 68 of the Labour Relations Act, 1995 (“the Act”) for a declaration that the applicant has acquired the rights, privileges and duties of its predecessor Service Employees International Union, Local 639, by reason of a merger, amalgamation or a transfer of jurisdiction. The responding party employer (“the employer”) takes no position on the merits of this application, except that it disputes the applicant’s estimate of the number of employees in the affected bargaining unit. The alleged predecessor trade union supports the application.
2The Confirmation of Posting filed in this matter was neither signed nor dated. Moreover, the application contends that the notice of a November 13, 2000 meeting of the membership of the alleged predecessor trade union (“Local 639”) - where the vote was taken concerning a merger with the applicant - was sent via letter to “ all members of Local 639”. It is not clear if the notice was sent to all bargaining unit members. Furthermore, it has recently come to the Board’s attention that the Board has not previously found the applicant to be a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995, as amended. The materials filed by the applicant do not assist in the determination of the applicant’s status.
3Before considering this matter further, the employer is directed file and deliver a completed copy of the attached Confirmation of Posting. The applicant is directed to file and deliver submissions concerning the extent to which bargaining unit members had notice of, and were entitled to participate in, the November 13, 2000 membership meeting and vote. The applicant is further directed to file materials in support of its claim that it is a trade union. These submissions and materials are to be provided on or before Wednesday, May 9, 2001. To the extent Local 639 and/or the employer wish to reply to those submissions, they must do so by Friday, May 11, 2001. The Board will then give further consideration to this matter.
4We are seized.
“Patrick Kelly”
for the Board