Board directs representation vote for termination of bargaining rights despite alleged flaws in the application.
The applicant applied to the Ontario Labour Relations Board under section 63 of the Labour Relations Act, 1995 for a declaration terminating the responding party union's bargaining rights.
The union sought to dismiss the application without a vote, citing errors in the union's name, the inclusion of cooperative students in the 40 percent appearance calculation, and improper delivery.
The majority of the Board rejected these arguments, finding the application timely and that at least 40 percent of the employees in the bargaining unit had expressed a wish not to be represented by the union.
The Board directed a representation vote.
A dissenting Board member would have dismissed the application based on the flaws contained within it.
A. Chris Edwards v. The National Union of Automobile, Aerospace, Transportation and General Workers of Canada: Local 1530 Belleville, Ontario, 2000 CanLII 2721