Abram’s Towing Services (Windsor) Ltd. v. Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local Union No. 880
File No.: 2561-01-R Date: December 14, 2001
Applicant: Abram’s Towing Services (Windsor) Ltd. Responding Party: Teamsters, Chauffeurs, Warehousemen & Helpers Union, Local Union No. 880
Before: Anthony Brown, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
Decision of the Board
1This is an employer application for termination of bargaining rights. The employer applies for a declaration that the responding party has abandoned its bargaining rights, and alternatively, for a declaration under section 65(1) of the Labour Relations Act, 1995.
2The responding party union was certified on November 9, 1998, as the bargaining agent for a bargaining unit described as follows:
All employees of Abrams Towing Services (Windsor) Ltd. working in and out of the City of Windsor, save and except supervisors, persons above the rank of supervisor, dispatchers, office and clerical staff.
3The employer asserts that the union has abandoned its bargaining rights. It asserts that for a period of almost three years after the date of certification, it had virtually no contact from the union and that the union made no efforts to negotiate a collective agreement. On November 8, 2001, the union gave the employer notice to bargain.
4By letter dated December 14, 2001, the responding party consents to a declaration that it has abandoned its bargaining rights.
5Having considered the parties’ submissions, the Board declares that the responding party has abandoned its bargaining rights. (See Re Harbourfront Centre, [1998] OLRB Rep. Sept./Oct. 799). In light of the declaration of abandonment, it is unnecessary for the Board to determine whether section 65(1) applies.
“Anthony Brown”
for the Board