[1992] OLRB Rep. January 15
2612-91-R International Union, United Plant Guard Workers of America, Applicant v. Burns International Security Services Limited, Respondent
BEFORE: S. Liang, Vice-Chair, and Board Members J. A. Ronson and C. McDonald.
DECISION OF THE BOARD; January 15, 1992
In this application for certification, the Board ordered a Labour Relations Officer to conduct an inquiry into an allegation that one of the persons for whom the applicant has submitted membership evidence did not in fact pay a $1.00 fee. The person in question was named by the respondent at the hearing. This inquiry has now taken place. The information disclosed by this inquiry is that the person in question did not pay $1.00 at the time that he signed the application for membership in the union and receipt of payment. However, later in the same day, a fellow employee paid the collector of the card $1.00 on behalf of the signer. Approximately two weeks later, the signer repaid the fellow employee $1.00. All of these events occurred prior to the completion of the Form 9 Declaration Concerning Membership Documents.
The Board is satisfied that the above events, taken in totality, indicate that the person in question has applied for membership in the applicant and has paid to the applicant an amount of at least $1.00 in respect of initiation fees, within the meaning of section 1(1) of the Act. Based on this information and the Board's jurisprudence on the matter, particularly the reasons in Calvano Lumber & Trim Co. Ltd., [1988] OLRB Rep. Aug. 735, we see no reason to direct a hearing into the non-pay allegation.
As indicated in our prior decision of December 23, 1991, there are no issues in dispute between the parties with respect to this application. If we do not receive any submissions from any party showing why the Board should nevertheless hold a hearing into the allegations, within 10 days of receipt of this decision, we will dispose of this application for certification without further notice to or submissions from the parties.