United Food and Commercial Workers International Union, Local 633 v 4005-Sobeys Capital Inc., 2024 CanLII 86553 (ON LRB)

This was an application for certification by United Food and Commercial Workers Canada Local 633 (“UFCW”) of a departmental-only bargaining unit consisting of meat cutters and support workers (meat clerks, seafood operators and clerks) working at a Sobeys location (“Sobeys”) in Toronto, Ontario. Sobeys argued that changes to grocery store operations in recent decades have resulted in a “deskilling” of meat cutters and as such, it was no longer appropriate to recognize them as “craft” bargaining units formed under section 9(3) of the Labour Relations Act. Sobeys further argued that certifying a departmental-only bargaining unit would create a risk of labour relations harm, and thus the unit was also inappropriate under section 9(1) of the Act. In this decision by Vice-Chair Roslyn McGilvery, the Ontario Labour Relations Board (the “Board”) found that notwithstanding changes made to grocery store operations, the evidence demonstrated that meat cutters have retained sufficient skill to remain eligible for “craft bargaining unit” status pursuant to section 9(3) of the Act. The Board further held that the bargaining unit was appropriate for purposes of section 9(1), as the evidence did not support Sobeys’ claim that serious labour relations harm might flow from the departmental-only unit’s certification. In doing so, the Board affirmed that only a risk of serious labour relations harm may justify a finding that a proposed bargaining unit is inappropriate pursuant to section 9(1).https://www.canlii.org/en/on/onlrb/doc/2024/2024canlii86553/2024canlii86553.html