UFCW 1006A members see victory against former employer in labour board ruling
Toronto – February 20, 2024 – UFCW 1006A members have prevailed against their former employer, Ryding Regency Meat Packers, in a recent labour board ruling. The Ontario Labour Relations Board ruled that Ryding Regency, Truharvest Meats and two holding companies were the same employer for the purposes of the Employment Standards Act, 2000 and are jointly liable for the $1.5 million in termination and severance pay owing to UFCW members.
Employees of Ryding Regency were represented by UFCW since 1995. In 2019, Ryding abruptly ceased operations as its licence was revoked, and all employees were laid off without notice. UFCW 1006A subsequently filed a grievance, and in 2021, the arbitrator ordered Ryding to pay $1.5 million in termination and severance pay to their unionized employees. Ryding then declared bankruptcy as a way to try to avoid paying termination and severance pay.
In 2021, Truharvest Meats was now operating slaughterhouses in the same location as Ryding and claimed to have different ownership and management from Ryding. Truharvest claimed to be an entirely separate company from Ryding; however, the former owner of Ryding, along with its key executives and managers were in decision-making roles at Truharvest. In addition, TruHarvest used the same facilities to perform the same work, and had the same target market as Ryding.
In his recent ruling, Vice-Chair Patrick Kelly, Ontario Labour Relations Board, ruled that, due to the high level of overlap between the four companies they are one employer for the purposes of the ESA and are jointly liable for the $1.5 million in unpaid severance pay to the UFCW members. The Board also found that TruHarvest was a successor employer to Ryding for the purposes of the Labour Relations Act, 1995.
This victory for UFCW members is owed to the determination and steadfastness of the UFCW 1006A team. UFCW fought for their members at every step of the way through this employer’s suspect businesses practices to evade their obligations. The $1.5 million is in addition to the Wage Earner Protection Plan money already received with the assistance of UFCW 1006A.
“Our members were treated unfairly by their employer, who attempted every way to dodge their responsibilities,” says UFCW 1006A President Wayne Hanley. “This ruling is evidence that employers can’t use shady maneuvers to escape their responsibilities. The union was steadfast in their commitment to get justice for our members, and we won’t stop until our former members get everything they are owed.”