International Union of Operating Engineers, Local 793 v. Thomas G. Fuller & Sons Ltd.
2867-99-R International Union of Operating Engineers, Local 793, Applicant v. Thomas G. Fuller & Sons Ltd., Responding Party.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; March 21, 2000
1In an endorsement dated February 10, 2000 a differently constituted panel of this Board identified the three issues outstanding in this application. By letter dated March 17, 2000 counsel for the responding party advised the Board that the parties had resolved two of those issues.
2The responding party has withdrawn its notice under section 8.1 of the Act.
3The parties have agreed on a voters’ list, and have agreed to count the ballots cast by persons whose names appear on the list. The Manager of Field Services is directed to contact the parties to arrange for the opening of the ballot box and the counting of the ballots. Ballots cast by Gaetan Parent, Jean Guy Ouellette and Georges Tremblay (whom the parties have agreed are not employees in the bargaining unit) shall be destroyed without being opened or counted.
4The responding party has not withdrawn its constitutional challenge to the Board’s jurisdiction, but has agreed to the counting of the ballots before that issue is litigated. The responding employer is directed to advise the Board no later than 10 days (excluding Saturdays, Sundays, and holidays on which the board is not open) after the date on which it receives the results of the vote from the Board, as to whether it wishes to proceed with that issue.
5This file is referred to the Manager of Field Services.
“David A. McKee”
for the Board