Ontario Labour Relations Board
Parties
2355-01-R Richard Murdock, on his own behalf and on behalf of a group of employees of Cornwall Gravel Company Limited, Applicant v. International Union of Operating Engineers, Local 793, Responding Party v. Cornwall Gravel Company Limited, Intervenor.
BEFORE: Brian McLean, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; November 27, 2001
Decision
1The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
2On November 20, 2000, the responding party was certified as the bargaining agent for the employees of Cornwall Gravel Company Limited in the following bargaining unit:
all employees of Cornwall Gravel Company Limited, Regional Municipality of Ottawa-Carleton, employed at Greeley Quarry located at Lot 14, Con. 6, Osgoode Township, save and except supervisors and those above the rank of supervisor.
As of the date of the filing of this application, no collective agreement has been made. Having regard to the provisions of section 63(1) of the Act, the Board finds that this application is timely.
3It appears to the Board on an examination of the evidence before it, that not less than forty per cent of the employees in the bargaining unit had expressed a wish not to be represented by the trade union at the time the application was filed.
4The Board directs that a representation vote be taken of the employees of Cornwall Gravel Company Limited employed in the bargaining unit described in paragraph 2 above. All those employed in that bargaining unit on November 22, 2001, the application filing date, will be eligible to vote.
5The vote will be held on November 29, 2001. Other vote arrangements will be as determined by the Registrar and set out on the attached Notice of Vote and of Hearing.
6Voters will be asked to indicate whether or not they wish to be represented by the responding party in their employment relations with Cornwall Gravel Company Limited.
7The trade union asserts that this application ought to be dismissed pursuant to section 63(16) of the Act because, it alleges, the employer participated in the initiation of the application and/or threatened, coerced or intimidated employees into initiating the application. These issues can be resolved at the hearing, if necessary, following the holding of the representation vote.
8The employer is directed to post copies of this decision and of the "Notice of Vote and of Hearing" adjacent to the "Notice to Employees of Application for Termination of Bargaining Rights". These copies must remain posted for 30 days.
9Any party or person who wishes to make representations to the Board about any issue remaining in dispute which relates to the application for termination of bargaining rights, other than status disputes, must file a detailed statement of representations with the Board and deliver it to the other parties, so that it is received by the Board within five days (excluding Saturdays, Sundays and holidays on which the Board is closed) of the date on which the vote is taken. Representations with respect to any status dispute must be made in accordance with the directions provided in Information Bulletin No. 5: Status Disputes in Termination Applications (Non-Construction).
10The matter is referred to the Registrar.
“Brian McLean”
for the Board