Matteo Galeano v. I.B.E.W. Construction Council of Ontario
File No.: 0187-98-R Date: March 29, 2000
Before: D. L. Gee, Vice‑Chair, and Board Members G. Pickell and A. Haward.
Appearances: P. Straszynski and M. Galeano for the applicant; Elizabeth Mitchel and Michael Oram for the responding party; Glenn P. Christie and Gino Bitonte for the intervenor.
DECISION OF THE BOARD
1This matter is an application for termination of bargaining rights pursuant to section 63 of the Labour Relations Act, 1995 (the “Act”). A hearing was scheduled for March 27, 2000 to hear the parties’ evidence and submissions arising out of the responding party’s allegations under section 63(16) of the Act. At the commencement of the hearing the responding party advised the Board that it was withdrawing its allegations. The applicant indicated that it wished to address the Board with respect to a request that the Board order the responding party to pay costs to the applicant, however, given the lack of advance notice from the responding party that it would be withdrawing its allegations, was not prepared to do so.
2Having regard to the parties’ submissions, the Board ruled orally that the application was granted and, having regard to the vote results, the responding party’s bargaining rights, as set out in the Board’s decision directing the vote dated April 24, 1998, were terminated. The Board further directed the applicant to deliver to the other parties and filed with the Board its written submissions with respect to its request for costs no later than April 10, 2000. The responding party and intervenor were directed to deliver to the other parties and file with the Board any submissions that they wished to make in response no later than May 1, 2000. The applicant was directed to deliver to the other parties and file with the Board any submissions it wished to make in reply no later than May 8, 2000.
3The 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.
4The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
5This panel of the Board will remain seized for the purpose of determining the applicant’s request for costs.
“D. L. Gee”
for the Board