Drywall, Acoustic, Lathing and Insulation Local 675 v. Dricon Drywall Corporation
2076-00-R Drywall, Acoustic, Lathing and Insulation Local 675 of the United Brotherhood of Carpenters and Joiners of America, Applicant v. Dricon Drywall Corporation, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members G. Pickell and A. Haward.
DECISION OF THE BOARD; October 24, 2000
1This is an application for certification filed under the construction industry provisions of the Labour Relations Act, 1995, S.O. 1995, c.1 as amended (the "Act"). The application was filed on October 16, 2000.
2In its decision dated October 19, 2000, the Board (differently constituted) directed that a representation vote take place on October 23, 2000.
3On October 20, 2000, counsel for the applicant wrote to the Board requesting leave of the Board to withdraw its application and to cancel the representation vote scheduled for October 23, 2000.
4The Board is also in receipt of correspondence from counsel for the responding party dated October 20, 2000 in which she requests that the Board impose a bar of one year and refuse to consider another application for certification filed by the applicant in accordance with section 7(9) of the Act.
5Section 7(9) reads as follows:
- (9) If the trade union withdraws the application before a representation vote is taken, the Board may refuse to consider another application for certification by the trade union as the bargaining agent of the employees in the proposed bargaining unit until one year or such shorter period as the Board considers appropriate has elapsed after the application is withdrawn.
6The imposition of the one-year bar is discretionary if the trade union withdraws the application before a representation vote is taken. As no reason for the imposition of the bar was provided by the responding party, the Board hereby declines to exercise its discretion under section 7(9) of the Act and will not impose the bar.
7The application is withdrawn with leave of the Board.
"Marilyn Silverman"
for the Board