November 9, 2009:  File GE-05611 - The Labour Relations Code and United Food and Commercial Workers Union Local No. 401 vs Old Dutch Foods Ltd.

Bargaining Starts for Old Dutch Employees: Labour Board Rules in Favour of Union. In a landmark ruling, the Alberta Labour Relations Board (ALRB) determined that Alberta labour legislation interfers with the constitutional rights of workers and the ALRB suspended the months-long lockout of UFCW Canada Local 401 members of Old Dutch Foods.

The November 9th ruling establishes a Rand formula type of union security for members there for the first time - something that could until now only be achieved in Alberta through bargaining - finding that Alberta's current laws that make such an arrangement an "objective of bargaining" to be unconstitutional.

The ruling gives the Alberta government 12 months to revise the province's labour code.

Union security at Old Dutch had been a major stumbling block in negotiations leading to the lockout and the ALRB told Old Dutch to accept the union's last officer regarding union security, while sending members back to work for 30 days, during which time the union and the company are told to resume negotiations on other outstanding labour issues. The lockout officially ended after 227 days on the picket line, the second-longest dispute in Local 401's history.

For the full text of labour board decision, click here.

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