1628-00-R United Food and Commercial Workers International Union Local 175, Applicant v. Hurley Corporation, Responding Party.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; September 8, 2000
This is an application for certification in respect of building cleaning employees. By decision dated September 7, 2000, the Board (differently constituted) ordered a representation vote to take place on September 11, 2000.
Counsel for the applicant now requests that the vote be adjourned on the basis of the claim by the responding party (“Hurley”) that it did not employ any of the individuals for whom the applicant seeks bargaining rights on September 1, 2000, the date of the filing of the application. (Hurley did not, therefore provide a list of employees in its response). The applicant contests Hurley’s claim, and alleges that the employees in question were under Hurley’s supervision on September 1, 2000.
In the circumstances, the Board is prepared to grant a brief delay of the taking of the representation vote to provide the applicant an opportunity to satisfy itself – to the extent that it can – of the accuracy of the allegations contained in Hurley’s response. The Board directs the parties to provide written submissions to the Board and each other concerning the timing of the establishment of the employment relationship, if any, between Hurley and the employees who are the subject of this application. These submissions are to be provided to the Board and the other party on or before September 15, 2000.
Upon receipt of the submissions, the Board will issue further orders or directions in this matter.
The representation vote scheduled for September 11, 2000 is cancelled.
Hurley is directed to post immediately copies of this decision in an area or areas where it is likely to come to the attention of affected employees. These copies are to remain posted for a period of 30 days.
“Patrick Kelly”
for the Board