Facts Cheaper Chip Inc. (the “Company”) is the manufacturer and the exclusive distributor of Cheaper Chip...

Question:

Facts

Cheaper Chip Inc. (the “Company”) is the manufacturer and the exclusive distributor of Cheaper Chip computer chips in Canada. Its head office is located in Ottawa, Ontario with regional offices and distribution centres in Vancouver and Halifax. All of the Company’s chips are produced at two manufacturing plants in Ontario. One plant is located in Burlington and the other is in Kitchener. In each plant, there are 150 full-time production workers, 10 supervisors (who supervise and discipline workers), 15 lead hands (who direct and coordinate the work of the production workers), 15 engineers and electricians, 5 human resources workers, and 10 part-time production workers (family relatives of the other workers who get to help production work during college/university breaks or in between jobs). That is, each location has a total of 205 workers.

Jamil (a full-time production worker at Kitchener) and his good friend, Samantha (a lead hand at Kitchener) are concerned about the health and safety conditions at their plant after Patrick (Jamil’s nephew), who worked as a part-timer at the Burlington facility, was severely injured in December 2019. When the management quickly dismissed their concerns, Jamil and Samantha turned to Unifor (the “Union”) in an attempt to organize their workplace. On February 1, 2020 Unifor Local 111 filed an application for certification as the exclusive bargaining agent of “all employees of Cheaper Chip Inc. in Kitchener, Ontario, save and except supervisors, engineers, and electricians”. The Union estimated that there were 180 workers in the bargaining unit and provided the Ontario Labour Relations Board (the “Board”) with signed membership cards on behalf of 80 workers in its proposed bargaining unit.

On February 3, 2020, the Company filed its response stating that the correct bargaining unit description is actually “all Cheaper Chip employees in Ontario, save and except the head office in Toronto, supervisors, engineers and electricians, human resources employees, lead hands, and part-timers”. The Company explained that: (1) employees in both locations (Kitchener & Burlington) should be organized together; (2) lead hands should be excluded because “supervisors sometimes consult them prior to making promotion decisions”; (3) human resources employees should be excluded because “they all may potentially access annual payroll reports using their authorization password even if not all of them work on salaries”; and (4) “it does not make any sense to include part-timers in the bargaining unit because they come on go and retention rates are very low”. The Company concluded that there are 300 employees in its proposed bargaining unit description.

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