3278-99-R United Steelworkers of America, Applicant v. Matcor Automotive Inc. and/or Matsu Manufacturing Inc., Responding Parties.
BEFORE: Timothy W. Sargeant, Vice-Chair.
DECISION OF THE BOARD; September 19, 2000
1This is an application for certification.
2The responding party gave timely notice under section 8.1 of the Labour Relations Act, 1995 (the “Act”)
3In a Board decision dated February 10, 2000 the Board ordered that a vote be conducted. However, the Board found that the section 8.1 notice was numerically relevant and accordingly directed that the ballot box be sealed.
4The matter came on for hearing. At the hearing scheduled to continue on September 18, 2000 the parties agreed to adjourn for the day. Prior to the hearing scheduled for September 19, 2000, in a written communication, counsel for the applicant notified the Board that the applicant had now had an opportunity to review the documentary materials provided by the responding party. Counsel notified the Board that the applicant had concluded that the percentage of individuals who appeared to be members of the Union on the date the application for certification was filed was less than 40 per cent of the individuals in the bargaining unit on that date. Having reviewed the materials filed and having heard two days of evidence on this issue the Board concurs with such conclusion.
5The Board therefore dismisses this application pursuant to section 8.1(5)7 of the Act.
6The 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.
7Meeting and hearing dates set previously are hereby cancelled.
“Timothy W. Sargeant”
for the Board