Ontario Labour Relations Board
Hospitality & Service Trades Union, Local 261 v. Sodexho Marriott Services Ltd.
0054-00-R Hospitality & Service Trades Union, Local 261, Applicant v. Sodexho Marriott Services Ltd., Responding Party v. Labourers’ International Union of North America, Local 527, Intervenor.
BEFORE: Anthony Brown, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; April 17, 2000
1This is an application for certification.
2The application was filed on April 7, 2000.
3The responding party informed the Board that it has a collective agreement with the intervenor that was ratified on or about April 7, 2000 and that is in effect from March 1, 2000 to February 28, 20001. The intervenor and responding party submit that this application is untimely, in that the responding party agreed prior to the application date to voluntarily recognize the intervenor as the bargaining agent of the relevant bargaining unit of employees.
4By way of background, the Board notes that, on November 30, 1999, the intervenor applied for certification of the same bargaining unit as that proposed by the applicant in the instant application. That application (Board File No. 2633-99-R) was adjourned sine die at the request of the parties to that application, without a vote being held.
5The applicant has not replied to the other parties’ submissions in respect of the timeliness of this application.
6The Board directs the applicant to file with the Board a reply to the submissions of the other parties in respect of the issue of timeliness. The reply shall be filed by no later than 5:00 p.m. Wednesday, April 19, 2000, with a copy to each of the other parties.
7The matter is referred to the Registrar.
“Anthony Brown”
for the Board