March 6, 2008 at 12:00 AM
205 Placer Court • Toronto • ON •
M2H 3H9
Legal Department
Tel: (416) 495-6541 • Fax: (416) 495-3786
|
March 5, 2008
Steve Bernardo
Mathews Dinsdale & Clark LLP
Barristers and Solicitors
One Queen Street East, 25th Floor
Toronto, ON M5C 2Z1 |
By Fax (416) 862-8247 |
Dear Mr. Bernardo:
|
Re: |
In the matter of
the Canada Labour Code (Part I – Industrial Relations) and an application
for declaration of sale of business pursuant to section 44, 45, 46 filed by
the Greater Toronto Airports Authority, alleged purchaser employer; TBI
Canada Inc., alleged seller employer, National Automobile, Aerospace,
Transportation and General Workers Union of Canada (CAW-Canada); its Local
2002, and the Public Service Alliance of Canada;
In the matter of the Canada Labour Code (Part I- Industrial Relations) and
an application made pursuant to section 97(1), filed by the CAW-Canada and
its Local 2002, the Greater Toronto Airports Authority, respondent, and the
Public Service Alliance of Canada, Interested Party |
The announcement of the results of
the representation vote which occurred yesterday is an important step in the
progress and resolution of the above-captioned file. However, as we briefly
discussed yesterday over the phone, there are a number of important issues now
to be resolved under section 18.1(4) of Part One of the Code. These issues
include the identification of the exact wording of the bargaining unit
description to apply to the newly consolidated unit at the GTAA, the
identification of the single collective agreement to be in force, amendments to
the collective agreement regarding seniority, and any other mutually agreeable
amendments reflecting the reconciliation of terms and conditions of employment.
We propose that the parties hold a
meeting as soon as possible to discuss and hopefully resolve some, if not all of
these issues. We propose that the meeting occur on Monday or Tuesday, March 10
or 11, 2008, and that the meeting occur at the offices of the CAW-Canada,
Toronto or at the facilities Boardroom at Terminal Three, LBPIA.
I realize that in the past the CAW-Canada has made the following request, and
the request has been met with some debate. Now, with the results of the
representation vote in hand, and the task of completing our responsibilities
under section 18.1 at hand, we make the following request for information and
documentation which is critical for the proper disposition of the issues noted
above, including specifically the identification of the proper bargaining unit
configuration.
I ask that your client provide my
office, electronically as soon as possible:
-
a complete list of employees
including both represented and non-represented personnel with their respective
job title, classification and job description as of today’s date;
-
an up to date organization chart
for all of the GTAA;
-
a print out of the last union dues
check off list sent to PSAC.
Your client’s attention to this
request is appreciated. We would like to have the material on hand reasonably in
advance of our meeting together.
We also can advise that we will be
seeking a leave of absence, if necessary, for up to four workers from the major
workplaces represented to this time by PSAC, so that these workers can assist us
in the meeting we are proposing. We will identify who that may be shortly.
Finally, while we have copies of the
collective agreements between PSAC and the GTAA, as reproduced in your client’s
original book of documents, please advise if your client takes the position that
there are any other letters, memos or documents which also form part of the
collective agreement and were not previously produced. If so, and such are
reduced to writing, please produce them to my office as soon as possible.
Thank you for your attention to this
letter.
Yours truly,
LEWIS GOTTHEIL
Counsel, CAW-Canada
LG/ww/cope343
cc. B. Hargrove, B. Orr, Munir
Khalid, Niki Lundquist, J. Aman, Leslie Dias-Local 2002, Jeff Hatt-Local 2002,
g:legalfilesgtaa11261-consolidationbernardoltr6.doc