United Food and Commercial Workers’ International Union, Local 175 v. Arnprior Your Independent Grocer
1610-01-R United Food and Commercial Workers’ International Union, Local 175, Applicant v. Arnprior Your Independent Grocer, Responding Party v. National Automobile, Aerospace, Transportation and General Workers’ Union of Canada, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; September 12, 2001
1This is an application for certification (“the UFCW application”).
2A previous application for certification (“the CAW application”) was filed by the intervenor on October 5, 2000. It appears to be in respect of employees covered by the UFCW application. By decision dated October 11, 2000, the Board (differently constituted) ordered a sealed representation vote, which was taken on October 13, 2000. The CAW application has not been finally determined. It is scheduled for hearing on October 29 and 30, 2001.
3Both the responding party and the intervenor contend that the Board should refuse to entertain, or, in the alternative, postpone consideration of the UFCW application, pursuant to subsection 111(3) of the Labour Relations Act, 1995, as amended (“the Act”). Subsection 111(3) of the Act provides as follows:
- (3) Despite sections 7 and 63, where an application has been made for certification of a trade union as bargaining agent for employees in a bargaining unit or for a declaration that the trade union no longer represents the employees in a bargaining unit and a final decision of the application has not been issued by the Board at the time a subsequent application for the certification or for the declaration is made with respect to any of the employees affected by the original application, the Board may,
(a) treat the subsequent application as having been made on the date of the making of the original application;
(b) postpone consideration of the subsequent application until a final decision has been issued on the original application and thereafter consider the subsequent application but subject to any final decision issued by the Board on the original application; or
(c) refuse to entertain the subsequent application.
4We are of the view that consideration of the UFCW application should be postponed until a final determination has been issued in the CAW application. If the CAW application succeeds, the UFCW application would be untimely. If the CAW application is dismissed or withdrawn, there may be consequences that affect the UFCW application. In these circumstances, ordering a representation vote may serve no purpose.
5Pursuant to paragraph (b) of subsection 111(3), the Board hereby postpones consideration of the subsequent application until a final decision has been issued on the CAW application. Thereafter, the Board will consider the UFCW application but subject to any final decision issued by the Board on the CAW application.
6The Board notes that there is no completed Confirmation of Posting in the UFCW application file. To the extent the responding party failed to make and post copies of the Application for Certification (Form A-1) and/or the Notice to Employees of Application for Certification (Form C-2) as directed by the Registrar in Confirmation of Filing of Application for Certification dated September 10, 2001, it is directed to do so immediately. These copies must remain posted for a period of 30 days. The responding party is further directed to file with the Board a completed Confirmation of Posting verifying that the above-mentioned copies have been posted appropriately, and to do so before the end of business on September 14, 2001.
7The responding party is directed to post copies of this decision adjacent to each of the posted copies of the Forms referred to in paragraph 6 above. These copies must remain posted for 30 days.
“Patrick Kelly”
for the Board