UFCW 175 v Outdoor Outfits Arbitration Decision Summary

In her award of February 10, 2020, Arbitrator Knopf decided the following, as summarized by MW counsel Brittany Ross-Fichtner:

1. What amounts to “reasonable notice prior to a Union representation visit”?

a)         Each situation will turn on its specific facts

b)         24 hours’ notice is presumptively too short

c)         48 hours’ notice is presumptively sufficient

d)         The Union should provide reasons for less than 24 hours’ notice

e)         The Employer should provide reasons for denying or delaying access

2. What is meant by “Union Business” in Article 4.02?

Anything related to the effective fulfillment of the Union’s responsibility to supervise the Collective Agreement, service its bargaining unit and meet its obligations under the Ontario Labour Relations Act and employment related statutes.

3. Is the Employer entitled to ask or be told by the Union what the nature of the “Union business” is before considering whether to grant admission to the factory?

The Employer is entitled to be assured that the purpose of the Union Representative’s visit is for “Union business” relating to its responsibilities under the Collective Agreement and/or to service the bargaining unit pursuant to its responsibilities under the Labour Relations Act and related statutes. The Employer is not entitled to any other specific information.

4. The Union Representative’s access cannot be unreasonably delayed or denied by the Employer once reasonable notice has been provided and the Union has given the assurances specified in paragraph 3 above. The reasonability of any delay or denial will depend on whether there is/are legitimate operational or business reason(s) and whether those reasons were provided to the Union at the time.

PDF: UFCW 175 v Outdoor Outfits