3842-00-R International Union of Operating Engineers, Local 793, Applicant v. Lomax Management Inc., Responding Party.
BEFORE: Mary Ellen Cummings, Alternate Chair, and Board Members J. G. Knight and G. McMenemy.
DECISION OF THE BOARD; May 4, 2001
1The style of cause is hereby amended to reflect the correct name of the responding party: "Lomax Mangement Inc.".
2No statement of desire to make representations has been filed with the Board within the time 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 April 2, 2001.
3On 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.
4The application is therefore dismissed.
5The attention of the parties and the employees is directed to the provisions of the Labour Relations Act, 1995, as amended (the "Act") and more particularly to section 10(3), as it may relate to any future application for certification.
6The 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.
7The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
“Mary Ellen Cummings”
for the Board