- May 26, 2021
- Certifications/Decertifications
In this case, the CEP had filed a request pursuant to section 39 of the Quebec Labour Code to ensure that employees working at The Habs Zone Team Store, in the Bell Centre warehouse, in the Hall of Fame and those working in the Bell sports centre in Brossard be granted union accreditation under its terms. This request followed the filing of an application for certification made by IATSE Local 262 concerning the same employees.
The CEP was authorized to represent “employees working in programs and in memorabilia as per the Labour Code”.
According to the LRB, it is possible that a clearly defined general unit may be interpreted in order to determine its intended reach should a doubt arise. In the case in point, despite a general description, the current situation presents an ambiguity which justifies its interpretation: the uncontested list of employees filed in 1997 contains only the names of those employees posted in kiosks. This list is, according to the LRB, the deciding factor in evaluating the intended reach of a union accreditation. Furthermore, employees of the novelty store and of the warehouse have been excluded from the collective agreement for a number of years.
According to the LRB, the parties’ actions show that CEP accreditation covers only those employees posted in the kiosks, and not those concerned by the application for certification filed by IATSE.
*Attached file : Motion to Recuse or Disqualify of the Administrative Judge : see CEP Local 747 vs.L’Aréna des Canadiens inc., 2010 QCCRT 0498.