Communications, Energy and Paperworkers Union of Canada, Local 747 v. International Alliance of Theatrical Stage Employees, Moving Picture Technicians, Artists and Allied Crafts of the United States, its Territories and Canada, Local 262, Aréna des Canadiens Inc., ITT Personnel Inc., 2012 QCCRT 0377

The Communications, Energy and Paperworkers Union of Canada, Local 747 (“CEP”) filed an application pursuant to ss. 127(2) and 127(3) of the Quebec Labour Code, RSQ, c C-27, requesting that the Commission des relations du travail (“Labour Commission” or “Commission”) reconsider its decision of January 23, 2012 wherein it certified IATSE, Local 262 (“IATSE”) as the bargaining agent for all employees, other than managerial employees, employed at the Habs Zone shop in the Bell Centre located in Montreal, Quebec. The CEP’s reconsideration request was premised on a claim that it was not given a chance to be heard despite being an interested party to the proceedings. CEP alleged that the employees affected by IATSE’s application were already covered by its certificate and for this reason it should have been given an opportunity to be heard. The Commission dismissed CEP’s reconsideration request on the basis that CEP’s bargaining rights were not affected by the certificate granted to IATSE on January 23, 2012. The Commission concluded that the IATSE application related to employees employed at the Habs Zone shops and not employees employed at Habs Zone kiosks which may be covered by the CEP certificate.

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