[1985] OLRB Rep. January 43
2319-84-R Pat Steele, Applicant. v. Canadian Union of United Brewery, Flour, Cereal, Soft Drink and Distillery Workers, Local 304, Respondent, v. Canada Trustco Mortgage Company, Intervener
BEFORE: E. Norris Davis, Vice-Chairman and Board Members J. Wilson and B. L. Armstrong.
APPEARANCES: Ian S. Campbell for the applicant; J. Cameron Nelson and Marianne Turner for the respondent; Steven L. Moate and Danny Menard for the intervener.
DECISION OF THE BOARD; January 14, 1985
This is an application for termination of bargaining rights filed on November 8, 1984.
The respondent was certified as bargaining agent for all full-time employees with certain exceptions of the respondent at Cambridge, Ontario, on January 5th, 1984, and following breakdown in bargaining a legal strike commenced March 22, 1984.
At the hearing the respondent raised as a preliminary objection that the application was prematurely made inasmuch as one year had not run from the time of certification to the date on which the application was filed, as is provided for in section 57(1) of the Act. The applicant argued that the one year provision of section 57(1) was modified by section 61(3)(a) of the Act to permit the filing of an application after six months have elapsed after the commencement of the strike.
After hearing representations from all parties, the Board concluded that the one year of protection accorded to a newly certified union by section 57(1) is a minimum period of protection accorded to a newly certified bargaining agent and that such period cannot he shortened as a result of the operation of section 6 1(3). In so concluding the Board adopted the reasoning in the decision of Ali v. Local 2078 U.A. W v. Ontario Hospital Association, [1980] OLRB Rep. July 1036.
The application was accordingly orally dismissed as premature.