3772-99-R Ken Dunn, Applicant v. United Steelworkers of America Local 9233, Responding Party v. Storeimage Programs Inc., Intervenor.
BEFORE: Laura Trachuk, Vice-Chair, and Board Members J. A. Rundle and
D. A. Patterson.
DECISION OF THE BOARD; April 7, 2000
This is an application for termination of bargaining rights. A representation vote was held on March 27, 2000 and a majority of the employees voted in favour of the incumbent trade union. However the Confirmation of Posting filed with the Board indicates that the “Notice of Report of Board Officer” was not posted until March 29, 2000. That notice indicates that submissions must be filed with the Board by 5:00 p.m. five days after the vote on April 3, 2000. However, the Board’s Rule 62 states that representations must be filed within five days that the Report is first posted. The Board received submissions from the applicant on April 4, 2000 claiming that the vote does not represent the true wishes of employees. The intervenor filed submissions on April 5 taking the position that it was entitled to do so under the Board’s Rules. However, on April 5 the Board directed that the meeting and hearing dates set for this application be cancelled because it had not received representations by April 3, 2000.
It appears that it is at least arguable that one or both of the representations were filed in a timely fashion. The Board therefore considers it appropriate to set this matter back down for a meeting to be held on April 19, 2000. The matter is also set back down for hearing on Tuesday, April 25 and Wednesday April 26, 2000. Both the meeting and the hearing will take place at 9:30 a.m. in the “Boardroom” 2nd Floor, 505 University Avenue, Toronto, Ontario. The issue of timeliness of the representations will be determined by the Board at the hearing if necessary.
The intervenor is directed to post copies of this decision in the workplace in locations where it is likely to come to the attention of affected employees. The decision should remain posted until the date scheduled for the hearing.
“Laura Trachuk”
for the Board