United Food & Commercial Workers International Union v. Robert M. Heenan Sales Ltd.
[1996] OLRB REP. FEBRUARY 153
4106-94-R United Food & Commercial Workers International Union, Applicant v. Robert M. Heenan Sales Ltd., Responding Party v. Group of Employees, Objectors
BEFORE: Lee Shouldice, Vice-Chair.
DECISION OF THE BOARD; May 8, 1996.
1This is an application for certification. By way of decision dated February 20, 1996, the applicant was certified to represent a bargaining unit composed of all employees of the responding party, save and except Head Cashier and persons above the rank of Head Cashier, office and clerical staff.
2The earlier decision of the Board directed that counsel for both the responding party and the group of objecting employees attend before the Board to show cause why I ought not state a case of contempt to Divisional Court or report their conduct to the Law Society of Upper Canada. In that regard, the Registrar was directed to schedule one or more hearing dates for evidence and submissions.
3Prior to the scheduling of dates for the show cause hearing, both counsel wrote to the Registrar of the Board, enclosing a two-page letter addressed directly to this Vice-Chair of the Board. I have now reviewed those letters. Each counsel apologizes to the Board, and to this ViceChair, for his behaviour during the course of the hearing.
4I am willing to accept the apologies offered by both counsel, although I do not accept the various explanations or justifications for their conduct which are made by counsel. In the circumstances, however, I am satisfied that it is now unnecessary to convene a show cause hearing, and accordingly this proceeding is terminated.