Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America v. Marshall Homes Corporation
1644-00-R Allied Construction Employees Local 1030, United Brotherhood of Carpenters and Joiners of America, Applicant v. Marshall Homes Corporation, Responding Party.
BEFORE: David A. McKee, Vice-Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; November 22, 2000
1Statements 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 September 8, 2000.
2However, on November 13, 2000 the applicant sought to withdraw the application. The Board’s practice has been to dismiss an application for certification rather than to permit the applicant to withdraw if the request is made after the vote was held. In light of the identical consequences prescribed by sections 7(10) and 10(3), the distinction between the two is hard to determine. However, having regard to the timing of the request to withdraw, this application is dismissed.
3The 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.
4The 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.
5The 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.
“David A. McKee”
for the Board