[1998] OLRB REP. SEPTEMBER/OCTOBER 847
2355-98-R Phyllis Lewars, Applicant v. Bakery, Confectionery and Tobacco Workers' International Union, Local 264, Responding Party v. Michel's Baguette, Intervenor
BEFORE: Christopher Albertyn, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; October 21, 1998
1This is a termination application.
2The Board issued a decision on October 19, 1998 dismissing the application because the Board found that less than forty percent 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.
3The employer now points out that the figure it provided in its intervention for the number of employees in the bargaining unit on the date of application may not be accurate because one of the 36 employees on Schedule "C", Ms. Layda, quit on the application day, October 9, 1998. (Schedule "C" is the list provided by the employer of all individuals who had an employment relationship with the employer on the date of the application). The employer suggests that if the individual who quit is discounted, then the application meets the 40 percent threshold.
4Although Ms. Layda quit on October 9, 1998, she was still an employee on that date and the employer properly included her name in Schedule "C".
5As a result, the application did not demonstrate that 40 percent or more of the employees in the bargaining unit had expressed a wish not to be represented by the incumbent trade union at the time the application was filed.
6Accordingly, we will not interfere with the Board's decision of October 19, 1998.