Ontario Labour Relations Board
0143-00-R
Jasmina Vukelich and Ramindarjit Singh, Applicants v. The United Food and Commercial Workers International Union, Local 175, Responding Party v. Park’N Fly, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
APPEARANCES: Martin Rosenbaum and Ramindarjit Singh for the applicants; Kelvin Kucey, Angus Locke and Jerry Clifford for the responding party; Mark Geiger, Kevin Robinson, June Hagen and Rick Hopkins for the intervenor.
DECISION OF THE BOARD; May 16, 2000
Decision
1This is an application filed with the Board on April 13, 2000 under section 63(2) of the Labour Relations Act, 1995 for termination of bargaining rights. I was authorized by the Chair of the Board to sit alone on this matter.
2A representation vote was taken on April 25, 2000, and the ballot box was sealed pursuant to the April 18, 2000 decision of a differently constituted panel of the Board.
3At the outset of the hearing on May 15, 2000, counsel for the intervenor brought a motion to count the ballots cast at the representation vote. Counsel for the applicants joined in that motion. Counsel for the responding party objected to the counting of the ballots.
4The Board issued an oral ruling, directing that the ballots be counted on the basis that knowledge of the vote results would not seriously prejudice the responding party, and on the basis that counting the ballots might end what appeared to be lengthy litigation of this matter.
5A Labour Relations Officer supervised the counting of the ballots. Not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
6The application is therefore dismissed.
7The 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.
8Meeting and hearing dates set previously are hereby cancelled.
9The employer is directed to post copies of this decision immediately. These copies must remain posted for thirty days following the date of this decision in a location or locations where they are likely to come to the attention of all employees affected by the application.
"Patrick Kelly"
for the Board