[1998] OLRB REP. SEPTEMBER/OCTOBER 846
2355-98-R Phyllis LeWars, Applicant v. Bakery Confectionery and Tobacco Workers' International Union, Local 264, Responding Party v. Michel's Baguette, Intervenor
BEFORE: Kevin Whitaker, Vice-Chair, and Board Members J.A. Rundle and H. Peacock.
DECISION OF THE BOARD; October 19, 1998
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on October 9, 1998. The employees who are affected by this application are covered by a collective agreement between the responding party and Michel's Baguette, with an effective date of December 5, 1994, until December 4, 1998. The bargaining unit description in that collective agreement is as follows:
all employees of the Yorkdale location at 3401 Dufferin Street in the City of North York, save and except supervisors, persons above the rank of supervisor, office and clerical staff.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
The applicant has filed twenty-six (26) separate pieces of membership evidence. Of those 26 documents, fourteen (14) were signed, dated and indicated that the person signing no longer wished to be represented by the trade union. Of the remaining twelve (12) documents filed as membership evidence, eleven (11) documents were undated and one was dated but did not indicate the intentions of the person signing the document. The Board's practice is to require that membership evidence be dated so that the Board is in a position to determine whether or not the person signing the membership evidence either wishes or does not wish to continue to be represented by the trade union. In these circumstances, we must conclude that less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed. Accordingly this application is dismissed.
Meeting and hearing dates set previously are hereby cancelled.
The employer is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Termination Application" posted previously. These copies must remain posted for a period of thirty (30) days.