2331-01-R United Food and Commercial Workers International Union Local 175, Applicant v. Madawaska Doors Inc., Responding Party.
BEFORE: Christopher J. Albertyn, Vice-Chair.
DECISION OF THE BOARD; November 23, 2001
This is a certification application filed under the Labour Relations Act, 1995, S.O. 1995, c. 1, as amended (“the Act”).
A representation vote was ordered earlier today. That was done in the absence of any response by the responding party.
The responding party has now sent a letter to the Registrar asking for an extension of time until November 28, 2001 within which to file its response. The Act is clear on the time limits for the filing of employer responses to certification applications—they must be filed within two days of receipt of the application (see sections 7(14) and 8.1(3)). The responding party received the application on November 20, 2001. Its response should have been filed by 5 p.m. on November 22, 2001 (see Board Rules 13 and 69).
It appears the responding party has not sent a copy of its letter to the applicant. It should do so.
Any response now filed by the responding party will be untimely. The representation vote will take place, as previously ordered. The responding party may file its response, but what weight will be given to it will be determined by the panel hearing this application.
“Christopher J. Albertyn”
for the Board