Ontario Labour Relations Board
2343-00-R International Union of Operating Engineers, Local 772, Applicant v. Brookfield Lepage Johnson Controls Facility Management Services Ltd., Responding Party.
BEFORE: Timothy W. Sargeant, Vice-Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; December 6, 2000
1This is an application for certification.
2Employer’s counsel has asked that the Board reschedule a hearing in this matter.
3As the facts are not in dispute, the Board sees no necessity for rescheduling a hearing in the mater. The Board feels this matter may be determined by written submissions.
4The issue is whether spoiled ballots should be considered as “ballots cast” for the purpose of determining the applicant’s entitlement to certification following a vote. This has been considered by the Board. Recently, the Board has stated, following earlier jurisprudence, that spoiled ballots should not be considered as “ballots cast” (see Maidstone Manufacturing Inc. [1995] O.L.R.D. No. 18 upheld on judicial review see [1995] ORLB Rep. March at page 388).
5The responding party is directed to file by December 13, 2000 with the Board and the applicant written submissions as to its reasons why the applicant should not be certified. The applicant will have until December 15, 2000 to reply to such submissions.
“Timothy W. Sargeant”
for the Board