Ontario Labour Relations Board
Parties
2698-00-R Maria Elba Carcamo, Antonio M. De Carvalho-Costa, Applicants v. Service Employees’ International Union, Local 204 AFL-CIO, CLC, Responding Party.
BEFORE: Laura Trachuk, Vice‑Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; December 12, 2000
Decision
1This is an application for termination of bargaining rights. The application was filed with the Board on December 7, 2000. The responding party claims in its response that the application is untimely as the representative of the Minister of Labour issued the “no board” report on December 2, 2000. The responding party claims that pursuant to section 67(2)(c) of the Labour Relations Act, 1995 this application is untimely as 30 days have not elapsed since the “no board” was issued.
2The responding party also claims that the application should be dismissed as the applicants did not provide it with all of the materials required by the Board’s Rules of Procedures and did not provide it with a fully completed Certificate of Delivery.
3Section 67(2) of the Act provides as follows
- (2) Where notice has been given under section 59 and the Minister has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the collective agreement and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operated or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no collective agreement has been made,
(a) at least 12 months have elapsed from the date of the appointment of the conciliation officer or a mediator;
(b) a conciliation board or a mediator has been appointed and 30 days have elapsed after the report of the conciliation board or the mediator has been released by the Minister to the parties; or
(c) 30 days have elapsed after the Minister has informed the parties that he or she does not consider it desirable to appoint a conciliation board,
4It appears that this application may well be untimely as 30 days have not passed since the Minister informed the parties that he would not be appointing a conciliation board. The applicants are hereby directed to file submissions in response to the claim that the application is untimely as well as in response to the claim that they did not serve the responding party with all of the required materials. Those submissions should be filed with the Board and provided to the responding party and the employer on or before 5:00 p.m. Thursday, December 14, 2000. The Board will decide after reviewing the submissions whether to process this application further.
“Laura Trachuk”
for the Board