[1997] OLRB REP. MARCH/APRIL 233
0171-97-R David Pentland, Applicant v. Labourers' International Union of North America, Local 1059 Affiliated with A.F. of L. - C.I.O. - C.L.C. O.F.L., Responding Party v. Ingersoll Plastics Inc., Intervenor
BEFORE: ChristopherAlbertyn, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 18, 1997
[1]. This is an application for termination of the respondent union's bargaining rights.
[2]. The Board is currently dealing with a first contract application brought by the union under section 43(1) of the Labour Relations Act, 1995 in Board File No. 1838-96-FC. That application is scheduled for hearing on April 30, May I and 2 and tentatively on June 9, 12, and 13, 1997.
[3]. Section 43(23) reads as follows:
- (23) Despite subsection (2), where an application under subsection (1) has been filed with the Board and a final decision on the application has not been issued by it and there has also been filed with the Board, either or both,
(a) an application for a declaration that the trade union no longer represents the employees in the bargaining unit; and
(b) an application for certification by another trade union as bargaining agent for employees in the bargaining unit.
the Board shall consider the applications in the order that it considers appropriate and if it grants one of the applications, it shall dismiss any other application described in this section that remains unconsidered.
[4]. This application should be considered by the panel which hears the application under Board File No. 1838-96-FC and the decision whether or not to order a representation vote in this application, and if so, when, should be determined by that panel.
[5]. This application should accordingly be considered together with Board File No. 1838-96-FC.