International Union of Operating Engineers, Local 793 v. Rainone Construction Limited
1649-99-R International Union of Operating Engineers, Local 793, Applicant v. Rainone Construction Limited, Responding Party.
BEFORE: Harry Freedman, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; February 22, 2000
1No statement of desire to make representations has been filed with the Board within the time fixed by the Board following the taking of the representation vote pursuant to the Board's direction of September 14, 1999.
2On 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.
3The application is therefore dismissed.
4The Board will not consider another application for certification by the applicant, the designated employee bargaining agency of which the applicant is an affiliated bargaining agent, or the affiliated bargaining agents, as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.
5The Board notes that as part of the parties’ agreement resolving this application, the responding party agreed notwithstanding the provisions of the Labour Relations Act, 1995, that it will not object to the applicant filing an application for certification after April 15, 2000 and before September 8, 2000.
6The 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.
7The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
"Harry Freedman"
for the Board