0059-01-R Industrial Wood & Allied Workers of Canada (I.W.A. Canada), Applicant v. Rona Cashway Building Centres, Responding Party.
BEFORE: Anthony Brown, Vice-Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; May 4, 2001
1This is a request for reconsideration filed by the responding party (“Cashway”) in respect of a decision of the Board dated April 10, 2001 granting the applicant leave to withdraw an application for certification prior to the conduct of a representation vote.
2Cashway states that the Board did not provide it with a reasonable opportunity to formulate and make submissions upon the applicant union’s request for leave to withdraw its application for certification. It submits that the Board should have asked for submissions on the subject of the conditions, if any, and the bar to re-applying for certification, if any, to be imposed upon the union pursuant to subsections 7(8) and (9) of the Labour Relations Act, 1995 before rendering its decision on the withdrawal. It submits that the Board’s decision of April 10, 2001 should be set aside on procedural and substantive grounds. Cashway seeks a “bar” and costs.
3The union’s second application for certification (Board File No. 0124-01-R) is currently scheduled to be heard on May 14 and 15, 2001. The ballot box in that application was sealed. We conclude, therefore, that a process is available to afford Cashway an opportunity to make submissions to the Board on the substantive and procedural issues that are raised in its request for reconsideration. For that reason, we decline to hear the request for reconsideration, without prejudice to the right of the responding party Cashway to raise its procedural and substantive arguments at the hearing of the application for certification in Board File No. 0124-01-R.
“Anthony Brown”
for the Board