3831-99-R Atlas Ideal Metals Inc., Applicant v. Teamsters, Chauffeurs, Warehousemen and Helpers, Local 880, Responding Party.

BEFORE: Brian McLean, Vice-Chair, and Board Members J. A. Rundle and R. R. Montague.

DECISION OF THE BOARD; April 10, 2000

[1]. This is an application pursuant to section 65(2) of the Labour Relations Act, 1995 (“the Act”).

[2]. The application was filed on March 22, 2000. The applicant delivered a copy of the application to the trade union by facsimile transmission on March 22, 2000. A response was due no later than April 5, 2000, but no response has been received by the Board. In addition, no employee has intervened.

[3]. The criteria set out in section 65(2) have been established by the undisputed facts contained in the application. Given the fact that the trade union has not responded to the application, this is an appropriate case for the Board to exercise its discretion and terminate the trade union’s bargaining rights.

[4]. Accordingly, the Board declares that the responding party no longer represents the employees of Atlas Ideal Metals Inc. for whom it has heretofore been the bargaining agent.

[5]. The employer is directed to post copies of this decision where it will come to the attention of the employees and keep it posted for 30 calendar days after the date of this decision.

“Brian McLean”

for the Board