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Certification application dismissed as untimely because it was not delivered to the intervenor before a conciliation officer was appointed.
The applicant union filed a displacement application for certification.
The responding party and intervenor argued the application was untimely because a conciliation officer had been appointed on the same day the application was filed, and the intervenor was not served until the following day.
The Board found that while it could extend the time for delivery under its Rules, the application was not properly 'made' until it was both filed and delivered.
Because delivery to the intervenor occurred on March 17, 2000, after the appointment of a conciliation officer on March 16, 2000, the application was untimely under section 67(2) of the Act.
The application was dismissed.
Board excludes part-time employees from bargaining unit at union's request, following normal practice.
The applicant union sought certification for a bargaining unit of full-time drivers, while the respondent employer argued for an all-employee unit including both full-time and part-time drivers to prevent fragmentation.
The Board applied its normal practice of excluding part-time employees at the request of either party, finding no serious labour relations problems that would render the applicant's proposed unit inappropriate.
The Board certified the applicant for the full-time unit.
One Board member dissented, arguing for a single unit since the only difference between the groups was hours worked.
