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[10] The UFCW also attempted to bargain collectively on behalf of employees atPlatinum Produce, an industrial greenhouse operating in Chatham, Ontario. While the employerexpressed doubt that the UFCW could be an employees’ association under the AEPA, it gave theunion an opportunity to make brief presentations. The meeting lasted approximately 15 minutes.The employer’s position was that the company was not required to bargain with the union andthe meeting was not to be considered collective bargaining towards a collective agreement.2011 SCC 20 (CanLII)[11] The UFCW subsequently presented Platinum Produce’s counsel with a draftcollective agreement setting out proposed terms. That meeting lasted approximately fiveminutes. The employer has not responded to the proposals or to other proposed meeting dates.There have been no further meetings or communications about terms and conditions of work.[12] The respondents did not attempt to pursue remedies under the AEPA. Specifically,no recourse was made to the Tribunal set up under the Act to deal with complaints. Rather, therespondents sought a declaration that s. 3(b.1) of the LRA, which provides that the LRA does notapply to farm workers, and that the AEPA as a whole were unconstitutional. In brief, theysubmitted that these laws breached s. 2(d) of the Charter by failing to provide effectiveprotection for the right to organize and bargain collectively and violated s. 15 by excluding farmworkers from the protections accorded to workers in other sectors.III. Judicial HistoryA. Ontario Superior Court of Justice, 79 O.R. (3d) 219, the Applications Judge