2698-00-R Maria Elba Carcamo, Antonio M. De Carvalho-Costa, Applicants v. Service Employees’ International Union, Local 204 AFL-CIO, CLC, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
DECISION OF THE BOARD; December 27, 2000
This is an application for termination pursuant to the Labour Relations Act, 1995 (the "Act").
The application was filed on December 7, 2000.
By letter dated November 30, 2000, the Minister of Labour advised the responding party and employer (Sanitary Maintenance Systems) that he does not consider it advisable to appoint a conciliation board.
Subsection 67(2) states:
…
(2) Where notice has been given under section 59 and the Minister has appointed a conciliation officer or a mediator, no application for certification of a bargaining agent of any of the employees in the bargaining units as defined in the collective agreement and no application for a declaration that the trade union that was a party to the collective agreement no longer represents the employees in the bargaining unit as defined in the agreement shall be made after the date when the agreement ceased to operated or the date when the Minister appointed a conciliation officer or a mediator, whichever is later, unless following the appointment of a conciliation officer or a mediator, if no collective agreement has been made,
(a) at least 12 months have elapsed from the date of the appointment of the conciliation officer or a mediator;
(b) a conciliation board or a mediator has been appointed and 30 days have elapsed after the report of the conciliation board or the mediator has been released by the Minister to the parties; or
(c) 30 days have elapsed after the Minister has informed the parties that he or she does not consider it desirable to appoint a conciliation board,
whichever is later.
The application is untimely and the Board therefore will not order a representation vote.
The application is hereby dismissed.
“Anthony Brown”
for the Board