Ontario Labour Relations Board
0277-00-FC Teamsters Local Union 938, Applicant v. Burnham (Canada) Ltd., Responding Party.
0256-00-R Errol Smith, Applicant v. Teamsters Local Union 938, Responding Party v. Burnham (Canada) Ltd., Intervenor.
0316-00-U Teamsters Local Union 938, Applicant v. Burnham (Canada) Ltd., and Errol Smith, Responding Parties.
0498-00-U Burnham (Canada) Ltd., Applicant v. Teamsters Local Union 938, Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; June 1, 2000
1No 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 in Board File No. 0256-00-R pursuant to the Board's direction of May 16, 2000.
2On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
3The Board declares that the responding party no longer represents the employees of Burnham (Canada) Ltd. for whom it has heretofore been the bargaining agent.
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.
5Meeting and hearing dates set previously are hereby cancelled.
6The employer is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
7Pursuant to Minutes of Settlement concluded between the parties dated May 15, 2000, given the outcome of the vote, Board File Nos. 0277-00-FC, 0316-00-U and 0498-00-U are withdrawn by leave of the Board.
“Christopher J. Albertyn”
for the Board