1730-01-R International Association of Machinists and Aerospace Workers, Applicant v. Canadian Auto Workers-Canada, Local 1987 and Messier-Dowty Electronics, Responding Parties.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; October 29, 2001
By decision dated October 9, 2001 the Board directed the parties to file submissions concerning the issue of the identity of the applicant in relation to the entity identified on the membership cards filed by the applicant in support of this application for a declaration that the applicant has acquired the rights, privileges and duties of its predecessor, Canadian Auto Workers-Canada, Local 1987 (“the CAW”), by reason of a merger, amalgamation or a transfer of jurisdiction.
The applicant’s submissions were contained in correspondence dated October 17, 2001. The applicant advises that the applicant’s name as it appeared in the application was in error. The application should have been brought in the name of the “International Association of Machinists and Aerospace Workers”, and the applicant requests amendments to the application to reflect the correction in the applicant’s name, including the style of cause and face page on Form A-21 and the Declaration Verifying Membership Evidence that was attached to the application, as well as to paragraph 1(a) of the application and paragraph 7 of Schedule A which was also attached to the application.
The CAW did not file submissions in response to the Board’s decision of October 9, 2001. The responding party employer wrote to the Board on October 23, 2001 advising that it had no further representations to make. The applicant’s request to amend the application was, therefore unopposed, and, accordingly, the Board hereby consents to the request to amend as herein set out.
The amendment of the name of the applicant eliminates the issue of trade union status that was raised in the Board’s decision of October 9, 2001. The Board has previously found the applicant to have established trade union status. Therefore, there is no further requirement for the applicant to do so in this matter. However, the amendment of the name of the applicant creates a new issue in relation to the agreement between the CAW and an entity referred to as “IAM and it’s [sic] Local 905” regarding a transfer of bargaining rights/jurisdiction, dated July 22, 2001 (“the transfer agreement”). That document, to which an entity other than the applicant is a party, is relied upon by the applicant (now differently identified) in support of this application.
The Board directs the applicant (and, to the extent they wish to participate, the CAW and responding party employer) to file further written submissions with respect to the issue raised by the identity of the successor entity in the transfer agreement, and the effect of that issue on this application. Those submissions are to be filed and delivered on or before November 5, 2001, following which the Board will give further consideration to this matter.
“Patrick Kelly”
for the Board