[1981] OLRB Rep. February 218
2250-80-R International Union of Bricklayers and Allied Craftsmen, Applicant, v. Pietrangelo Masonry, Respondent.
BEFORE: Ian C. A. Springate, Vice-Chairman, and Board Members H. J. F. Ade and C. A. Ballentine.
DECISION OF THE BOARD; February 24, 1981
This is an application for certification within the meaning of section 108 of The Labour Relations Act.
The applicant has filed certain membership documents with the Board, but has not filed a duly completed Form 54, Declaration Concerning Membership Documents, and Construction Industry.
In certification proceedings such as this, the Board must rely on documentary membership evidence not revealed to the employer or subject to cross-examination. Because of this fact, the Board requires, by way of a Form 54 declaration, assurances from a responsible union official concerning the authenticity of the membership documents. Lacking a Form 54 declaration, the Board has historically refused to give any weight to the membership evidence that has been filed. See: Stradwicks Ltd., [1967] OLRB Rep. Feb. 920.
In that the applicant failed to file a duly completed Form 54, we are of the view that it has not filed any acceptable evidence of membership. The application is accordingly dismissed.
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