1044-00-R Larry Antonyshyn, Applicant v. U.F.C.W., Responding Party v. Peninsula Security Services Ltd., Intervenor.
BEFORE: Caroline Rowan, Vice-Chair, and Board Members J. A. Rundle and H. Peacock.
DECISION OF THE BOARD; July 10, 2000
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
On June 11, 1999, the responding party was certified as the bargaining agent for the employees of Peninsula Security Services Ltd. in the following bargaining unit:
all employees of Peninsula Security Services Ltd. working at 1110 Hansler Road, Welland, Ontario, save and except patrol supervisors and persons above the rank of patrol supervisor.
As of the date of the filing of this application, no collective agreement has been made. Having regard to the provisions of section 63(1) of the Act, the Board finds that this application is timely.
It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
The Board directs that a representation vote be taken of the employees of Peninsula Security Services Ltd. employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on July 5, 2000, the application filing date, will be eligible to vote.
The vote will be held on July 12, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Peninsula Security Services Ltd.
The Board notes that the responding party has raised a number of objections to this application, including an objection under subsection 63(16) of the Act. These issues may be raised at a hearing after the vote. Having regard to the objections raised, the Board directs that the ballot box be sealed and the ballots not counted until the Board so orders or the parties agree.
The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
The matter is referred to the Registrar.
“Caroline Rowan”
for the Board