( Canadian employment law ) Donald's Foods Inc. is a Toronto-based restaurant business that runs four (4) family style restaurants under the brand name "Donald's" in Toronto, Ontario.Each separate restaurant has its own "Site Manager" that is the general manager for that restaurant, responsible for overseeing all operations and for staffing and scheduling at that location.Donald's Foods also has a physically separate head office for three senior executives and their admin staff.The menu is the same at each restaurant location.The restaurant and physical workplace is fairly standardized at each location, although each restaurant is slightly different in size, capacity, and customer volume.

At the Donald's restaurant that is located beside Dundas Square, there is currently a workforce of 51 employees.One of these is the "Site Manager."Of the remaining 50 employees, there are 34 servers, 14 kitchen staff, and 2 "supervisors".Of the serving staff, roughly half work full-time and half part-time.All servers do essentially the same work, but part-timers primarily work on evenings and weekends.Of the 14 kitchen staff, 10 are chefs and 4 are assistants.The two Supervisors spend essentially all of their time doing server work, but what sets them apart slightly from other servers is that they are the person that is responsible to handle all customer complaints whenever the Site Manager is not present.

Some of the employees at the Dundas Square Donald`s location are upset about certain things taking place at work.First, several of them believe that the employer is not giving employees their correct share of customer tips being provided on credit cards.This could potentially affect the income of all employees because the employer has in place a policy of `pooling` 50% of these tips and redistributing them amongst the employees, and the customer is advised of this policy on the menu.One of the junior chefs, Bernie, recently asked his Site Manager, Amelia, whether employees could please be given a bit more evidence that Donald`s is properly distributing these tips.Amelia was offended at the request, said it would be an administrative nightmare to gather and disclose all of the information to the employees about this and that Bernie should just be more grateful he gets any tips at all.Some employees also dislike their lack of control over their scheduling, would like to have higher wage rates, and would like improved job security.On this basis, several employees contact the Toronto Restaurant Workers Union (TRWU) to discuss unionization.

The TRWU decides to move forward in an effort to organize these workers at this restaurant.It manages to get membership cards signed by various employees.It files an application for certification, in which it proposes that it be certified to represent the following bargaining unit of 50 employees:

"all employees of Donald`s Foods working at its restaurant located adjacent to Dundas Square, except for Site Managers, in the city of Toronto."

The next day, Amelia the Site Manager hears of this, becomes very upset, and is certain in her mind that Bernie has been the union's inside organizer.That day she avoids Bernie during his shift, other than to point out that he was late that day and asked him politely to be on time in future.Bernie apologized.Later that day, Amelia speaks with Roxanne, the President of Donald's.Since Bernie has also been late before on two other occasions, they decide that Bernie should be fired for failure to comply with company rules about tardiness.The next day Roxanne calls Bernie and tells him not to come to work that day because he is fired for just cause, namely excessive lateness.

1. How many employees will have to vote "yes" in the certification process, in order for TRWU to "win" the right to represent these workers?
2. Suppose Donald's Foods responds to this certification application by arguing that the "supervisors" are not allowed to unionize.
3. What is the legal rule that Donald's Foods is trying to invoke here?
4. In law, there are various factors that will determine whether these supervisors are allowed to be included in the bargaining unit or not.Listthreeof these factors.
5. Based on the facts as given, is it likely that Donald's Foods would "win" this argument.

C) Suppose Donald's Foods decides to challenge the union's proposed bargaining unit as not being "appropriate" for collective bargaining, and wishes to argue that some other unit is more appropriate.

i) Does the law require that the union's proposed bargaining unit must be the most appropriate bargaining unit out of all the various alternatives? Explain.

ii) What are the two main questions that are posed, in assessing whether a bargaining unit is "appropriate" or not.

1. Assume about 60% of the workers in this bargaining unit are planning to vote yes.The president of Donald's Foods is eager to defeat the union organizing effort, without doing anything that is, or appears to be, illegal.She is very confident that the union has not "organized" the workers at any of its other restaurants in Toronto, and that the union likely has never even spoken with any of them about the idea.Based on this, what could Donald's Foods try to argue in this case?

E) Suppose that the TRWU wishes to challenge the firing of Bernie, and to get him reinstated with compensation.

i) Leaving aside the question of whether there was "just cause", whatkindof legal complaint would the union make here?Put simply, what is the name of the overall body of legal rules that the union alleges the company violated?

ii) Did the company violate the law?Explain the relevant law and how it would apply in the facts.