Separate but not outside of collective agreement

Employer and union intended for employees converted into “separate unit” to remain within bargaining unit
|Canadian Employment Law Today

Thomas Seul was a registered distribution operator for the Brandon and Winkler, Man., operations of Dairywood Foods. Dairywood processes dairy products, and distributes and sells dairy and other food products. Mr. Seul’s job was to pick up product at the plant and distribute it to stores and restaurants.

The position of registered distribution operator (RDO) did not exist until 1996 when Dairywood decided to restructure its distribution system in Manitoba. At that time the company used both non-union independent contractors and hourly paid bargaining-unit employees to deliver and sell its products to retail stores and restaurants.

In 1996 Dairywood decided to convert its employees to dependent contractors who would be called RDOs and who would be paid on a commission basis. Mr. Seul was one of these employees.