2443-00-R ABC Taxi (Brockville) Ltd. and Safedrive Inc., carrying on business as City Cab, Applicant v. Retail Wholesale, Canada, Canadian Service Sector Division of the Canadian Auto Workers, Local 1688, Ontario Taxi Union, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 4, 2000
[1]. This is an application for termination of bargaining rights under section 64, 65 or 66 of the Labour Relations Act, 1995 (the “Act”).
[2]. The certificate of delivery filed with the application states that a copy of the application as well as other documents required under the Board’s Rules were given to Xpresspost on November 15, 2000 to be delivered to the responding party not later than November 17, 2000.
[3]. By letter dated December 1, 2000, counsel for the responding party indicated to the Board that the responding party had not, in fact, been delivered a copy of the application for termination as the applicant had claimed. By letter dated December 4, 2000, the applicant filed with the Board a copy of the Canada Post tracking procedure.
[4]. Having regard to the foregoing, the Board directs the applicant to deliver a further copy of the application as well as the other documents required under the Board’s Rules to the responding party and to file a certificate of delivery with the Board confirming same. The responding party will then have ten (10) days from the date of receipt of this material to file its response.
[5]. Any outstanding issues concerning the alleged failure of the applicant to deliver this application on November 17, 2000 as indicated in its certificate of delivery may be raised with the panel of the Board assigned to hear this matter.
[6]. This panel is not seized.
“Caroline Rowan”
for the Board