Universal Workers Union, L.I.U.N.A. Local 183 v. The Torchin Group
3413-99-R Universal Workers Union, L.I.U.N.A. Local 183, Applicant v. The Torchin Group, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; April 28, 2000
1Since the issuing of the February 24, 2000 decision in this application, the Board has found that the applicant has status as a trade union as defined in sections 1(1) and 126 of the Labour Relations Act, S.O. 1995, ch. 1 (the “Act”). (See Coughlan Homes, Board File 3039-99-R.) Accordingly, the ballot box should be opened and the ballots counted. The parties will be contacted by the Manager of Field Services with respect to the counting of the ballots.
2If the applicant receives more than 50% of the votes cast, there remain two issues. The Registrar will set one day of hearing to hear all evidence and argument with respect to:
the sufficiency of the membership evidence (see paragraphs 5 & 6 of the February 24, 2000 decision); and
the identity of the employer.
3At least 15 days prior to any date which is set by the Registrar, the responding party is directed to produce to the applicant all documents in its possession or in its control with respect to the performance of work by the person agreed to be in the bargaining unit, and payment to those individuals in respect of such work. Further, the responding party is to produce to the applicant all documents defining and governing the relationship between the responding party and Lan Pack Construction Corporation in respect of the performance of the work on which members of the bargaining unit were engaged on or before February 21, 2000.
4This file is referred to the Manager of Field Services to arrange for a counting of the ballots.
5I am not seized of this application.
“David A. McKee”
for the Board