1991-00-R Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America, Applicant v. E. Sanita Holdings Ltd., Responding Party.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; November 15, 2000
1Following the representation vote, the parties agreed, after the ballots were counted, that this application for certification should be dismissed. It appears, however, that the parties disagreed over the name of the responding party. The applicant took the position the correct name of the responding party was E. Sanita Holdings Ltd., while the responding party, who did not file a timely response, but did participate in the proceedings after the representation vote was ordered, took the position that its correct name was Sanita Contracting Limited.
2As this application is going to be dismissed, it is not necessary for the Board, at this time, to decide whether the applicant’s or responding party’s position is correct. Should the identity of the responding party become a material issue before the Board at some point in the future, it can be determined at that time.
3No statement of desire to make representations has been filed with the Board within the time fixed under Rule 62 of the Board's Rules of Procedure following the taking of the representation vote pursuant to the Board's direction of October 11, 2000.
4On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
5The application is therefore dismissed.
6The Board will not consider another application for certification by the applicant, the designated employee bargaining agency of which the applicant is an affiliated bargaining agent, or the affiliated bargaining agents, as the bargaining agent of the employees in the bargaining unit until one year elapses from the date of this decision.
7The 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.
8The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Harry Freedman”
for the Board