0395-01-R Canadian Union of Skilled Workers, Applicant v. David Hawkins Line Services Inc., Responding Party v. IBEW Construction Council of Ontario, Intervenor.
BEFORE: Harry Freedman, Vice‑Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 30, 2001
Only the intervenor filed representations 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 May 4, 2001. The intervenor requested that this application be dismissed based on the results of the representation vote.
On the taking of the representation vote directed by the Board, not more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in favour of the applicant.
The application is therefore dismissed.
The applicant has not established that it is a trade union within the meaning of sections 1(1) and 126 of the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (the “Act”). Under the circumstances, that issue need not be determined in this proceeding as the application is being dismissed in any event.
5.. The Board directs the parties’ and the employees’ attention to section 10(3) of the Act. Should an application for certification be filed within one year of the date of this decision, the effect, if any, of this decision and section 10(3) of the Act on that subsequent application may be determined, if necessary, at that time.
The 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.
The 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.
“Harry Freedman”
for the Board