Teamsters Local Union 938 v. Phillip Powers Auto Transport Inc.
Parties and Appearances
1342-01-R Teamsters Local Union 938, Applicant v. Phillip Powers Auto Transport Inc., Responding Party.
BEFORE: Timothy W. Sargeant, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock
DECISION OF THE BOARD; September 25, 2001
Decision
1No statement of desire to have an oral hearing in this matter has been filed with the Board within the time frame 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 August 10, 2001.
2On 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.
3The application is therefore dismissed.
4The 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.
5The 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.
6Meeting and hearing dates set previously are hereby cancelled.
7The responding party 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.
“Timothy W. Sargeant”
for the Board