- May 26, 2021
- Certifications/Decertifications
Background
This proceeding includes an application for certification filed by the Canada Council of Teamsters (“CCT”), for a bargaining unit of employees of Aracders Productions Ltd. (“Arcaders”). I.A.T.S.E., Local 187 (“IATSE”), intervened in this proceeding claiming to represent at least one individual in the bargaining unit applied for and also claims that the Aracders is bound to a Collective Agreement with IATSE. The Arcaders made a challenge pursuant to section 8.1 of the Labour Relations Act.
The membership evidence filed with the Application for Certification was in the name of the CCT “affiliated with the International Brotherhood of Teamsters LOCAL UNION NO. _____…” None of the membership applications filled in the blank space indicating the local union. As a result of this fact, Ardaders and IATSE brought a motion that the Application ought to be dismissed solely on the basis of the membership evidence.
The CCT is an organization of trade unions (Teamsters Locals). Its constitution states that members of affiliated Teamsters Locals are deemed to be members of the CCT. The Constitution does not contain any other mechanism by which individuals can become members of the CCT.
Decision
The Board held that Section 8.1 requires whether based on the evidence of their status as union members that the CCT filed in its application, at least 40% of the individuals in the appropriate bargaining unit appear to be members of the CCT as of the date of application. The Board held that where the Constitution of the CCT does not provide a means by which individuals can apply for or become members other than through membership in an affiliated Teamsters local (which none of the individuals in this case have applied to do), it is not possible to conclude that the requisite appearance of membership in an applicant union exists.
Therefore, barring evidence that the CCT has and does accept individuals as members and in what circumstances, the Board held that the Application would be dismissed. In this regard, the Board held that an assertion of a practice that a union accepts individuals as members must be particularized and cannot simply be baldly asserted. The Board held that CCT failed to establish that it has a practice of accepting individuals as members. As a result the Board dismissed the Application for Certification pursuant to Section 8.1 of the Labour Relations Act.