Ontario Labour Relations Board
1730-01-R International Association of Machinists and Aerospace Workers, Local Lodge 905, Applicant v. Canadian Auto Workers-Canada, Local 1987and Messier-Dowty Electronics, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; October 9, 2001
1This is an application under section 68 of the Labour Relations Act, 1995, as amended (“the Act”), for a declaration that the applicant has acquired the rights, privileges and duties of its predecessor, Canadian Auto Workers-Canada, Local 1987, by reason of a merger, amalgamation or a transfer of jurisdiction.
2A review of the Board’s records reveals that the Board has not previously found that the applicant has established trade union status.
3In support of the application, the applicant submitted copies of membership cards in the International Association of Machinists and Aerospace Workers.
4Before giving further consideration to this application, the Board must be satisfied that the applicant is a trade union within the meaning of the Act, and directs the applicant to file and deliver written submissions concerning, and any relevant documents establishing, its status as a trade union. Moreover, the Board directs all the parties to file written submissions as to why the Board should grant the declaration sought by the applicant in circumstances where the evidence of employee support for the transfer of jurisdiction is in the form of membership cards in the name of an entity that is not the applicant. The applicant may wish to consider filing supplementary evidence of employee support for the transfer of jurisdiction.
5The submissions and materials herein directed must be filed and delivered on or before October 23, 2001, following which the Board will give further consideration to this matter.
“Patrick Kelly”
for the Board