United Food and Commercial Workers International Union, Local 175 v Delmanor Prince Edward Inc., 2024 CanLII 42580 (ON LRB)

This decision resulted from an application for certification before the Ontario Labour Relations Board (the “Board”) by the United Food and Commercial Workers Local 175 (“UFCW”).   The results of the Board-ordered representation vote demonstrated that UFCW held the majority of bargaining unit support regardless of the outcome of several outstanding status disputes. In such circumstances UFCW sought the issuance of an interim certificate to begin collective bargaining with the employer, Delmanor Prince Edward Inc (“Delmanor”). Delmanor claimed that no meaningful bargaining would take place until all the status disputes were resolved, and asked that the Board refuse to issue UFCW an interim certificate on that basis. The Board disagreed with Delmanor’s claim, and in a decision by Vice-Chair Peigi Ross held that nothing in this case would justify a delay in commencing collective bargaining. In doing so, the Board affirmed the principle that any delay in bargaining an initial collective agreement may cause prejudice to recently certified trade unions and ought to be avoided; particularly when the outcome of contested issues would not change the result of the representation vote, as the case was here. As UFCW enjoyed the majority of support from any formation of the bargaining unit proposed by either party, the Board issued UFCW an interim certificate.https://www.canlii.org/en/on/onlrb/doc/2024/2024canlii42580/2024canlii42580.html