Teamsters win right to bargain for agency-supplied drivers, owner-operators

OTTAWA (Jan. 25, 2002) — The Canada Industrial Relations Board has certified a Teamsters local to collectively bargain for about 200 drivers hauling freight for Mackie Moving Systems, including drivers employed by outside agencies and owner-operators.

The certification order, issued Jan. 23, allows Teamsters local 938 to represent drivers deemed to be controlled by Mackie Moving Systems, including drivers referred by employment agencies, and owner-operators and drivers for owner-operators. They must be working for the company exclusively, according to the order.

Based in Oshawa, Ont., Mackie is one of Canada’s largest for-hire carriers. Most of the drivers affected work in the company’s general freight division. Its most prominent contract is with General Motors.

“Our biggest issue at Mackie is with agency-supplied drivers and with owner-operators,” said Randy Doner of Teamsters Canada’s joint council, a co-ordinating body for local unions. “We take the position that these people are employees of the company and should be covered under a collective bargaining agreement. The same should apply to owner-operators, who really are dependent contractors, and any drivers they have. The Board agreed.

“We will serve notice and request dates to start bargaining, and then draft what we think is a collective agreement,” Doner said.

Mackie vice-president Norm Mackie expressed disappointment with the order.

“Our general freight business is very lean, and General Motors is very competitive on its contracts,” he said. “We’re trying to sort out what this means to our owner-operators with multiple drivers who want nothing to do with this. We’re going to have to step back and see how this will affect our ability to compete on the general-freight side.

“In the meantime, we’re hoping we can come to some kind of arrangement with the Teamsters.”

A spokesperson for Adams Services, a temporary personnel agency that supplies drivers to Mackie, said the company would not comment on the order.