0353-01-R Bricklayers, Masons, Independent Union of Canada, Local 1, Applicant v. Via Trim & Doors Inc., Responding Party v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Intervenor.
BEFORE: Harry Freedman, Vice-Chair.
DECISION OF THE BOARD; May 18, 2001
This is an application for certification under the construction industry provisions of the Labour Relations Act, 1995, S. O. 1995, c. 1, as amended in which the Board (differently constituted), by decision dated May 1, 2001 directed the taking of a representation vote. The vote was held on May 3, 2001. There now appears to be an issue between the parties as to whether the Board should permit the applicant to withdraw its application or dismiss the application. The Chair of the Board authorized me under section 110(14)(a) of the Act to sit alone to hear and determine this matter.
Following submissions from counsel for the intervenor dated May 10, 2001, counsel for the applicant, by letter to the Registrar dated May 14, 2001 requested leave of the Board to withdraw this application. Counsel for the intervenor, by letter of May 14, 2001 submitted that the Board, following its normal practice, ought to dismiss the application. Neither party made submissions in support of their position.
Section 7(8) of the Act provides that an application for certification may be withdrawn by the applicant upon such conditions as the Board may determine. The amendments to the Act occasioned by the Labour Relations Act Amendment Act, 2000, S. O. 2000, c. 38 (Bill 139) which were proclaimed on December 30, 2000 appear to eliminate any material difference between the consequences of a withdrawal of an application after a representation vote and the dismissal of an application after a representation vote. Section 7(10) of the Act (which applies where an application is withdrawn after a vote) provides:
If the trade union withdraws the application after the representation vote is taken, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is withdrawn.
Section 10(3) of the Act (which applies when an application is dismissed under section 10(2) of the Act) provides:
If the Board dismisses an application for certification under this section, the Board shall not consider another application for certification by any trade union as the bargaining agent of any employee that was in the bargaining unit proposed in the original application until one year after the original application is dismissed.
There is, in my view, no material difference between sections 7(10) and 10(3) with respect to the effect of the Board’s disposition of the application on any subsequent application for certification.
Under these circumstances, and in the absence of any substantive reason for dismissing the application instead of acceding to the request of the applicant and permitting it to withdraw its application for certification, this application for certification is withdrawn with leave of the Board at the request of the applicant.
The Board directs the parties’ and the employees’ attention to section 7(10) 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 7(10) of the Act on that subsequent application may be determined, if necessary, at that time.
“Harry Freedman”
for the Board