David Patterson

The parties submitted a joint application requesting the Board to amend a 1980 certificate to reflect a change in the employer's corporate name from Ault Foods Limited to Catelli Inc. The Board treated the request as an application for reconsideration under section 106(1) of the Labour Relations Act.

The Board dismissed the request, noting that a certificate is spent once a collective agreement is negotiated, and the parties are free to amend their collective agreement to reflect the name change.

If a sale of business occurred, successor rights under section 63 would apply automatically.

The applicant union applied for certification and a representation vote was held, which the union won.

Following the vote, a group of objecting employees sought to have the vote set aside, alleging that a pervasive atmosphere of intimidation, including sporadic acts of property damage to vehicles, prevented the free expression of employee wishes.

The Ontario Labour Relations Board assumed the truth of the objectors' allegations but concluded they were insufficient to warrant setting aside the secret ballot vote.

The Board noted that the complaints were largely untimely, not directly linked to the union, and did not demonstrate that the voting process itself was compromised.

A certificate was issued to the applicant.