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	Legal opinion provided by Shields & Hunt
	Board letter June 12th

Dear Sisters and Brothers,

As you are well aware, a considerable amount of time has now passed since we filed the application for certification with the Canada Industrial Relations Board. We were all hoping that the Board would initiate the voting process much before now but obviously there have been other factors that have come into play.

We have intentionally waited sending out any further correspondence as we had hoped that we would have more tangible information to share with you as to the process but nothing has been in the offering. The Final Offer Selection process, which was rumoured as the reason for delay, has now been completed and we continue to push hard to have our application for certification addressed as soon as possible.

Nonetheless, we want to share all the information we have available so that there is absolutely no misunderstanding that our efforts remain constant in our quest to have the Board allow you the opportunity to chose the Union that will represent you into the future.

Due to the lengthy delay, we formally petitioned the Board on June 12, 2007 stating, in part, that:

“It would appear that the Board will not be dealing with this matter on its merits for some time and in view of the fact that the Application for Certification has been outstanding since March 1st, 2007, we are writing to make a request under Section 16(i) requesting the Board to conduct a representational vote prior to the Board deciding this matter on the merits. In accordance with Section 16(i), we would request that the Board seal the ballot boxes until such time as the Board determines the Application for Certification on its merits.”

Our request was based upon Section 16(i) which gives the Board the authority to order a vote at any time before proceedings are finally disposed of and secondly, allowing the Board to seal the ballot box and the votes not to be counted, except as directed by the Board. To this date, the Board has not responded to our request.

More recently, we have seen the UTU International negotiate a merger with the Sheet Metal Workers International Association to create the Sheet Metal, Air, Rail and Transportation Workers (SMART) Union. Further to this, ballots allowing the UTU members to vote on the proposed merger were apparently mailed on July 17, 2007 and we assume that this would incorporate all Canadian UTU members.

This most recent initiative has again resulted in many rumours being circulated as well as many questions as to the impact this merger may have on our certification application. To address this uncertainty, we requested that our lawyers provide us with a legal opinion relative to the proposed merger with the Sheet Metal Workers. In response, our lawyers have provided us with the following information:

	After review of the documentation, it would appear that it will have no effect or make any difference with respect to our application for certification.
	While the ballots must be returned by August 7, 2007, the Merger Agreement provides that any merger between the parties will not be effective until January 1, 2008. It is anticipated that our certification application presently before the Board will be completed long before that date.
	Even if the merger was to be approved and implemented, it would not affect the status of the UTU as the bargaining agent. After the merger is completed, the newly formed Union would have to bring an application under Section 43 of the Canada Labour Code for a declaration that there has been a merger of the trade Unions and that the new Union is now the successor of the UTU. In this application, the Board has the right to conduct an inquiry and direct a representation vote be taken if necessary.
	If for some reason our certification application at CN has not been completed by the time the merger is implemented, we would have the right to make representations in any Section 43 Application filed by the new Union. The Merger Agreement does not provide for a separate Canadian members vote, so that the proposed merger only has to be approved by the majority of the UTU membership in Canada and the United States. If there actually is a Section 43 application filed, we would make representations to the CIRB that it must satisfy itself that the Canadian members had approved the merger and/or transfer of jurisdiction and request that the Board order a representation vote.

This week, we again petitioned the Board, in writing, to escalate the process surrounding our certification application and we remain confident that the Board will move quickly on this issue now that the Final Offer Selection process has been completed.

Please be assured that Teamsters Canada Rail Conference is doing whatever we can to move the Board to address our certification application. This is of paramount importance to all of us as this will set the course for the future. We remain constant in our efforts that the Conductors, Trainmen, Yardmen and Yardmasters at CN must be given the opportunity to join us and form an alliance within the Rail Industry that will be second to none.

Again, we thank you for choosing the Teamsters Canada Rail Conference. We will be keeping you informed as we move forward together.

Sincerely and In Solidarity,
 

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