[1996] OLRB REP. SEPTEMBER/OCTOBER 810
1994-96-R Lynda Ann Falvo, Applicant v. United Food & Commercial Workers International Union, Local 175/633, Responding Party v. Birssa Holdings Inc. c.o.b. as East Side Mario's, Intervenor
BEFORE: Christopher Albertyn, Vice-Chair, and Board Members S. C. Laing and R. R. Montague.
DECISION OF THE BOARD; October 16, 1996
This is an application for termination of the union's bargaining rights.
The union responds by making serious allegations under section 63(16) of the Labour Relations Act, 1995 of employer initiation of the termination application.
There is pending before the Board, due for hearing on October 21, 1996, an application by the union for first contract arbitration under section 43 of the Act in Board file No. 1910-96-FC.
The Board has resolved that a representation vote in respect of the termination application will not be held at this stage, given the matters referred to in paragraphs 2 and 3 above. This application will be listed for hearing on October 21, 1996, with Board file No. 1910-96-FC. The panel hearing the applications may determine the matters referred in subsection 43(23) of the Act and whether and when, or not, to order the representation vote sought by the applicant.