Ontario Labour Relations Board
[1999] OLRB REP. MARCH/APRIL 189
4218-98-R Jose Diaz, Rene Delage, Monique Fontaine, Brent Delage, Teny Gould, Craig Delage, Jacques Chartrand, Shawn Larocque, Lyle Dixon, Brian Bernatchez and Debbie Labrosse, Applicants v. Communications, Energy and Paperworkers Union of Canada, Responding Party
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; March 25, 1999
1This is an application to terminate bargaining rights, pursuant to section 63(1) of the Labour Relations Act, 1995.
2The responding party has raised a number of reasons why it believes that this application should be dismissed or deferred. The Board only needs to address one of these reasons at this point.
3The application was filed with the Board on March 11, 1999. The applicant's Affidavit of Service indicates that the application was served on the responding party by Purolator courier on March 16, 1999. It was received by the responding party on March 17, 1999.
4Section 63(3) of the Act requires:
- . . . .
(3) The applicant shall deliver a copy of the application to the employer and the trade union by such time as is required under the rules made by the Board and, if there is no rule, not later than the day on which the application is filed with the Board.
5The Board's Rules with respect to termination applications require:
43bb. Except in the construction industry, the applicant must deliver the following to the employer before filing its application with the Board (or within such time as the Board may direct):
(a) a copy of the application for termination of bargaining rights (but not including the material described in paragraphs (a). (b) and (c) of Rule 43z);
(b) a copy of the form set by the Board for intervening in the applicant (new Form TA-3) together with schedule(s) of employees in the form set by the Board;
(c) a copy of Information Bulletin No. 2— vote Arrangements; and
(d) a copy of the Board's Interim Certification and Termination Rules;
and must also deliver the following to the union before filing its application with the Board:
(e) a copy of the application for termination of bargaining rights (but not including the material described in paragraphs (a), (b) and (c) of Rule 43z;
(f) a copy of the form set by the Board for responding to the application (new Form TA-7);
(g) a copy of Information Bulletin No. 2— Vote Arrangements; and
(h) a copy of the Board's Interim Certification and Termination Rules.
6The applicant has not complied with the Rule. It should also be noted that the applicant's method of delivery did not comply either with the Rules, although the responding party has not taken issue with it.
7Section 63(3) requires expedition in the processing of termination applications, as noted by the Board in Associated Contracting Inc., [1998] OLRB Rep. Nov./Dec. 903. In all the circumstances, the Board dismisses the application for failure to comply the the Rules and scheme of Section 63.