1888-00-R Kristin Barber, Applicant v. United Food and Commercial Workers International Union, Local 175, Responding Party v. James Street Food Town, Intervenor.
BEFORE: Patrick Kelly, Vice-Chair.
DECISION OF THE BOARD; November 14, 2000
1This is an application for termination of bargaining rights (“the first application”), which was filed on September 26, 2000. The hearing in this matter is scheduled for November 20 and 21, 2000.
2Subsequent to the filing of this application, two further applications for termination of bargaining rights of the responding party were filed, one for full-time employees and one for part-time employees of the intervenor. These subsequent applications, which the responding party concedes are timely, appear to have been filed out of an abundance of caution, given that there is a dispute concerning the bargaining unit in the first application. The applicants in the subsequent applications purport to leave it to the Board’s discretion whether further representation votes should be directed at this time. The responding party trade union takes the position that the subsequent applications should not be processed nor should a vote be directed until the Board deals with the first application.
3The Board is of the view that consideration of the subsequent applications should be postponed pursuant to section 111(3)((b) of the Labour Relations Act, 1995, S.O. 1995, c.1 (“the Act”) until a final decision in the first application has been issued by the Board, subject to anything the Board orders or directs in that final decision.
4The Board directs that no representation votes be conducted in the subsequent applications at this time, and that the subsequent applications not be further processed, subject to the conditions outlined in paragraph 3 above.
“Patrick Kelly”
for the Board