2983-99-R L. Krish Sankar, Applicant v. Industrial Wood and Allied Workers Union of Canada (IWA-Canada), Responding Party v. Triac Industries Inc., Intervenor.
3168-99-U Industrial Wood & Allied Workers of Canada (IWA-Canada); Industrial Wood & Allied Workers of Canada, Local 700 (IWA-Canada Local 700), Applicants v. Triac Industries Inc., Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
APPEARANCES: Krish Sankar on his own behalf; S.B.D. Wahl and R. Diotte for IWA- Canada and I.W.A. – Canada Local 700; Lorenzo Lisi and Bob Coghill for Triac Industries Inc.
DECISION OF THE BOARD; July 13, 2000
Board File No. 2983-99-R is a termination application filed pursuant to the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”). Board File No. 3168-99-U is an unfair labour practice application brought by the responding party (“the union”) against the intervenor (“the employer”) in the termination application.
The parties have reached an agreement as to the disposition of these matters which in large measure resolves the outstanding issues. Pursuant to their agreement, and under the Board’s powers in subsection 111(5) as read with section 63 of the Act, the Board makes the following declarations and orders and issues the following directions:
The representation vote conducted by the Board on January 19, 2000 is a nullity. The ballots cast in that vote, now in a sealed ballot box, will be destroyed without being counted.
A fresh representation vote pursuant to the termination application will be held. All employees of Triac Industries Inc. in the City of Ajax, save and except supervisors, persons above the rank of supervisor, designers, office, clerical and sales staff and students employed during school vacation (“the bargaining unit”) employed on July 12, 2000 will be eligible to vote.
The vote will be held on Friday, July 21, 2000. Other vote arrangements will be determined by the Registrar and are set out on the attached Notice of Vote.
Voters will be asked to indicate whether or not they wish to be represented by the International Wood and Allied Workers Union of Canada (IWA-Canada) in their employment relations with Triac Industries Inc.
No party to these proceedings will initiate any unfair labour practice complaint concerning any events between them concerning the period until July 12, 2000.
The parties agree that between the date of this decision and the holding of the vote:
The union and the employer will provide to each other, by fax, a copy of any written communications to employees concerning the vote. Such copy shall be provided at the time of issue of the communication.
Representatives of the union may not attend at the employer’s workplace for the purpose of vote campaigning.
Representatives of the union may attend at the employer’s workplace for the purposes of fulfilling their representational duties under the collective agreement, under section 74 of the Act and under the Occupational Health and Safety Act.
- Following the holding of the vote and the counting of the ballots, if a majority of those voting vote to terminate the union’s bargaining rights, then:
The union’s bargaining rights will be deemed terminated.
The collective agreement shall cease to be of any force or effect, pursuant to the provisions of subsection 63(18) of the Act.
The Board will not consider an application for certification by the International Wood and Allied Workers Union of Canada (IWA-Canada) or by the International Wood and Allied Workers Union of Canada, Local 700 (IWA-Canada, Local 700) as bargaining agent of the employees in the bargaining unit until one year elapses from the date of the vote.
- Following the holding of the vote and the counting of the ballots, if a majority of those voting vote in favour of the union to retain its bargaining rights and against the termination of the union’s bargaining rights, then:
The union’s bargaining rights will be deemed to be confirmed.
The collective agreement will continue to be of full force and effect until February 13, 2002.
A copy of this decision and the Notice of Vote shall be posted forthwith by the employer on notice boards where those documents are likely to come to the attention of those eligible to vote.
The matter is referred to the Registrar.
I remain seized to deal with this matter after the holding of the vote and with any issues which might arise in respect thereof.
“Christopher J. Albertyn”
for the Board