Ontario Labour Relations Board
Larry Antonyshyn, Applicant v. U.F.C.W., Responding Party v. Peninsula Security Services Ltd., Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; September 25, 2000
1The 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to the Board under section 63 of the Labour Relations Act, 1995 (the "Act") for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2On September 25, 2000 the parties attended at the Board and agreed to resolve this application. This decision is issued in accordance with the terms of that settlement.
3The bargaining unit description agreed to by the parties is:
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.
4The Board directs that a representation vote be taken of the employees of Peninsula Security Services Ltd. employed in the bargaining unit described in paragraph 3 above. All employees listed on the attached "Voters List" shall be eligible to vote.
5The vote will be held on September 28, 2000. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters 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.
7The responding party agrees that the applicant is an employee in the bargaining unit and is entitled to bring this application for termination of bargaining rights and is eligible to cast a ballot. The parties agree that as a site supervisor the applicant has no authority to hire or fire employees.
8The responding party withdraws all allegations of any breach of the Labour Relations Act contained in Schedule "A" to the union's Response to Application for Termination of Bargaining Rights dated July 6, 2000 which allegations shall not be resurrected in any future proceeding.
9The responding party agrees that the results of the second representation vote will not be challenged.
10The Registrar shall destroy the ballots cast in the representation vote held on July 12, 2000.
11The 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.
12Except as provided for in paragraph 9 above, 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).
13The matter is referred to the Registrar.
"Marilyn Silverman"
for the Board