United Food and Commercial Workers International Union v. Toronto Bagel – Canada Bread, 2001 CanLII 9113

0299-01-R United Food and Commercial Workers International Union, Applicant v. Toronto Bagel – Canada Bread, Responding Party.

BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.

DECISION OF THE BOARD; April 30, 2001

1. This is an application for certification.

2. The Board finds that the applicant is a trade union within the meaning of section 1(1) of the Labour Relations Act, 1995 (the “Act”).

3. Having regard to the agreement of the parties, the Board further finds that:

all employees of Toronto Bagel-Canada Bread at 680 Steeprock Drive, Downsview, Ontario, save and except foremen, persons above the rank of foreman, office and clerical staff, sales and technical staff, route drivers, students and persons covered under existing collective agreements,

constitute a unit of employees of the responding party appropriate for collective bargaining.

4. The applicant has not indicated an estimate of the number of employees in the bargaining unit in the application. It has provided an estimate in the Form A-4. The responding party disputes the estimate of the number of employees in the applicant’s proposed bargaining unit. It gives notice under section 8.1 of the Act. However, the responding party agrees that the ballots should be counted.

5. Having regard to the agreement of the parties as to the appropriate bargaining unit, the Board directs that a representation vote be taken of the individuals in the following voting constituency:

all employees of Toronto Bagel-Canada Bread at 680 Steeprock Drive, Downsview, Ontario, save and except foremen, persons above the rank of foreman, office and clerical staff, sales and technical staff, route drivers, students and persons covered under existing collective agreements.

6. The vote will be held on May 2, 2001. Other vote arrangements will be as directed by the Registrar and set out on the attached Notice of Vote and of Hearing.

7. All individuals who had an employment relationship with the responding party in the voting constituency on April 25, 2001, the certification application filing date, are eligible to vote. Employees having an employment relationship on April 25, 2001, the certification application filing date, include employees who were not at work on that date, so long as there is a reasonable expectation of their return to employment.

8. Voters will be asked to indicate whether or not they wish to be represented by the applicant in their employment relations with the responding party.

9. The responding party is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Certification". These copies must remain posted for 30 days.

10. Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for certification, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 4: Status Disputes in Certification Applications (Non-Construction).

11. The matter is referred to the Registrar.

“Laura Trachuk”

for the Board