Canadian Union of Operating Engineers and General Workers (CUOE) v. Eastern Power Limited

2725-99-R Canadian Union of Operating Engineers and General Workers (CUOE), Applicant v. Eastern Power Limited, Responding Party.

BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson

DECISION OF THE BOARD; February 23, 2000

1. No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of January 31, 2000.

3. On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.

4. The application is therefore dismissed.

5. The Board will not consider another application for certification by the applicant as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.

6. The Registrar will destroy the ballots cast in the representation vote taken in this matter following the expiration of 30 days from the date of this decision unless a statement requesting that the ballots should not be destroyed is received by the Board from one of the parties before the expiration of such 30 day period.

7. Meeting and hearing dates set previously are hereby cancelled.

8. The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.

"Anthony Brown"

for the Board