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), Applicant v. Triac Industries Inc, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; August 8, 2000
1. 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.
2. By decision of the Board on July 13, 2000, pursuant to an agreement concluded by the parties, a representation vote was held on July 21, 2000. More than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the union. The Board declares that the Industrial Wood and Allied Workers Union of Canada (IWA-Canada) no longer represents the employees of Triac Industries Inc. for whom it has hitherto been the bargaining agent.
3. 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.
4. Pursuant to the Board’s decision of July 13, 2000:
The collective agreement concluded between the union and the employer is of no 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 union or by the International Wood and Allied Workers Union of Canada, Local 700 (IWA-Canada, Local 700) as bargaining agent of the employees of the employer until July 22, 2001.
The employer is directed to post copies of this decision immediately, on notice boards where the Board’s previous decisions were posted. These copies must remain posted for a period of 30 days.
“Christopher J. Albertyn”
for the Board