2785-00-R 3 Bar Staff Employees of Fort William Moose Lodge #844, Applicant v. United Food and Commercial Workers International Union, Responding Party v. Loyal Order of Moose Lodge #844, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD; December 21, 2000
The applicant has applied to the Board under section 63 (1) of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
Section 63(1) provides as follows:
(1) If a trade union does not make a collective agreement with the employer within one year after its certification, any of the employees in the bargaining unit determined in the certificate may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit.
On April 27, 2000, the responding party was certified as the bargaining agent for the employees of Loyal Order of Moose Lodge 844 in the following bargaining unit:
all employees of the Loyal Order of Moose Lodge 844 in the City of Thunder Bay. save and except the manager and persons above the rank of manager.
This application was filed on December 18, 2000. As of that date, no collective agreement had been made. However, pursuant to section 63(1) the responding party has until one year following the certification date to achieve a collective agreement before a section 63(1) application to terminate bargaining rights may be brought.
Having regard to the provisions of section 63(1) of the Act, the Board finds that this application is untimely.
The application is dismissed.
“Patrick Kelly”
for the Board