Ontario Labour Relations Board
2737-99-R Lori King on behalf of employees of the Peachtree Inn, Applicant v. Hospitality & Trades Services Union Local 261, Responding Party v. Peachtree Inn, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; January 11, 2000
1This is a reconsideration of a decision of the Board dated December 24, 1999.
2This is an application under section 63 of the Labour Relations Act, 1995, for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is bargaining agent.
3A representation vote was held on December 14, 1999 and more than fifty percent of the ballots cast by employees in the bargaining unit were cast in favour of the responding party. However, the Board mistakenly issued its decision of December 24, 1999 which declared that more than fifty percent of the ballots cast were in opposition to the responding party and proceeded to declare that the responding party no longer represented the employees of the intervenor employer.
4Having regard to the above, the Board reconsiders its December 24, 1999 decision and makes the following orders, declarations and directions:
a. that 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 opposition to the responding party;
b. that the application is dismissed;
c. that 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;
d. that the employer post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously.
"Marilyn Silverman"
for the Board