Ontario Labour Relations Board
Between: International Brotherhood of Electrical Workers, Local Union 894, Applicant v. SJS Control Technologies Inc., Responding Party.
Before: John Morgan Lewis, Vice-Chair, and Board Members G. Pickell and G. McMenemy.
Decision of the Board; February 17, 2000
1The style of cause is hereby amended to reflect that the sole responding party in these matters is: "SJS Control Technologies Inc."
2Board File No. 0686-99-R is an application for certification under the construction industry provisions of the Labour Relations Act, 1995 (the “Act”). Board File No. 0745-99-U is an application under section 96 of the Act.
3Prior to a hearing in these matters, the parties entered into Minutes of Settlement. Having regard to the Minutes of Settlement and to the correspondence from counsel for the applicant dated January 20, 2000, Board File No. 0745-99-U is hereby withdrawn with leave of the Board.
4Pursuant to the Minutes of Settlement, the Board counted the ballots cast in the representation vote conducted on June 14, 1999. On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
5The application in Board File No. 0686-99-R is therefore dismissed.
6The Board will not consider another application for certification by the applicant, the designated employee bargaining agency of which the applicant is an affiliated bargaining agent, or the affiliated bargaining agents, as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.
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.
8The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“John Morgan Lewis”
for the Board