[1986] OLRB Rep. November 1497
1436-86-R Cindy Gallagher, Applicant, v. United Food and Commercial Workers International Union (Local 175), Respondent, v. Boucher's Amherstview Supermarket, Intervener
BEFORE: Ian C. Springate, Alternate Chairman, and Board Members D. A. MacDonald and J. I. Redshaw.
APPEARANCES: Cindy Lee Gallagher on her own behalf; David McKee and John Hurley for the respondent; Chris Eames and Maurice Boucher for the intervener.
DECISION OF THE BOARD; November 5, 1986
1This is an application under section 57 of the Labour Relations Act for a declaration terminating bargaining rights.
2On April 8, 1986, the respondent trade union and the intervener employer entered into a collective agreement which was stated to expire on August 31, 1986. The instant application was filed on August 8, 1986 within the last two months of the stated expiry date. In that section 57(2)(a) of the Act provides that a termination application can be made within the last two months of a collective agreement, the application on its face appears to be timely. The trade union, however, contends it is untimely given the provisions of section 52(1) of the Act, which states as follows:
If a collective agreement does not provide for its term of operation or provides for its operation for an unspecified term or for a term of less than one year, it shall be deemed to provide for its operation for a term of one year from the date that it commenced to operate.
3The collective agreement does not provide that its term of operation commenced prior to its signing date. Accordingly, we are led to conclude that the collective agreement commenced to operate on the day it was signed, namely April 8, 1986. See: R & R Pre-Cast Erection Limited [1968], OLRB Rep. May 172. The effect of section 52(1) of the Act is to extend the date of its operation to April 8, 1987. In these circumstances we are satisfied that the application was not, in fact, filed within the last two months of the operation of the collective agreement. It follows that the application is untimely and must be dismissed.
4The application is hereby dismissed.