Wieslaw Wierzba v. Carpenters and Allied Workers Local 27
File No.: 3421-00-R Date: April 19, 2001 Ontario Labour Relations Board
Between: Wieslaw Wierzba, Applicant v. Carpenters and Allied Workers Local 27, Responding Party v. Frendel Kitchens Limited, Intervenor.
Before: David A. McKee, Vice-Chair.
Decision of the Board
1This is an application for termination of the bargaining rights held by the responding party in respect of a bargaining unit of employees employed by the intervenor pursuant to section 63 of the Labour Relations Act, 1995, S. O. 1995 ch. 1 ("the Act"). The outstanding issues relate to the composition of the voters’ list and the allegations of the responding party under section 63(13).
2The Registrar is directed to set one day of hearing to deal with the allegations under section 63(13). The panel hearing this matter can determine whether or not paragraph 2(b) of Schedule ‘A’ of the response should be struck. With respect to paragraph 2(c), the responding party is directed to identify the names or other manner of identifying of the persons who it alleges typed all or a portion of the application. If it does not do so no later than 5 working days prior to the hearing date set, the fourth sentence of the paragraph 2(c) will be struck.
3The responding party is directed to produce to the responding party at least 5 working days before the hearing set in this matter all documents in its possession relating to work performed by the individuals, or any other document relevant to the factual assertions made in paragraphs 1, 2 and 3 of its letter of March 6, 2001.
4The Board will not entertain any issue with respect to the failure of Mr. Victor Crane to vote on the basis of the allegations pleaded to date. The fact that a voter is late for the poll of which he was obviously aware is not evidence capable of supporting a conclusion that persons in the bargaining unit were denied an adequate opportunity to vote.
"David A. McKee" for the Board