Ontario Labour Relations Board
Jim L. Thompson, Applicant v. United Brotherhood of Carpenters and Joiners of America, Local 3054, Responding Party v. Ziegler Lumber Limited, Intervenor.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson..
DECISION OF THE BOARD; June 29, 2000
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2The responding party, although duly served with the application material on June 26, 2000, according to the certificate of delivery filed by the applicant, failed to file its response with the Board within the time stipulated by Rule 74 of the Board's Rules of Procedure.
3This application was filed on June 26, 2000. The employees who are affected by this application are covered by a collective agreement between the responding party and Ziegler Lumber Limited, with an effective date of July 1, 1999, until June 30, 2000. The bargaining unit description in that collective agreement is as follows:
all employees of Ziegler Lumber Limited employed at Port Elgin, save and except foremen, persons above the rank of foreman, office and sales staff, persons not regularly employed for more than twenty-four (24) hours per week and students employed during the school vacation period.
Having regard to the provisions of section 63(2) of the Act, the Board finds that this application is timely.
4It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
5The Board directs that a representation vote be taken of the employees of Ziegler Lumber Limited employed in the bargaining unit described in paragraph 3 above. All those employed in that bargaining unit on June 26, 2000, the application filing date, will be eligible to vote.
6The vote will be held on July 4, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
7Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Ziegler Lumber Limited.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to all copies of the "Notice to Employees of Application for Termination of Bargaining Rights" posted previously. These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Patrick Kelly”
for the Board