Ontario Labour Relations Board
Parties
1028-01-R
Elfried Eggink, on his own behalf and on behalf of a group of employees of 1197413 Ontario Inc. and/or 1343766 Ontario Inc., c.o.b. as Preston & Lieff Glass, Applicant v. The International Union of Painters and Allied Trades, Local 200 and the Ontario Council of the International Union of Painters and Allied Trades, Responding Parties v. 1343766 Ontario Inc. c.o.b. as Preston & Lieff Glass, Intervenor.
BEFORE: David A. McKee, Vice-Chair.
DECISION OF THE BOARD; August 7, 2001
Decision
1This is a decertification application brought under section 63 of the Labour Relations Act, 1995. S. O. 1995 ch.1 (the "Act"). There remains a dispute about the status of two persons who cast ballots in the representation vote. However, neither party has specified to the Board the basis of the dispute but all have asked that the matter simply be set down for hearing.
2Since the parties are in Ottawa, the Board is reluctant to schedule hearing date(s) in Toronto when there is a likelihood that the hearing will not proceed because the parties will discover on the day set for hearing that they have failed to appreciate the nature of the position of the other side. Accordingly, the parties are directed to set out in writing the basis on which they say that Denis Pion and Bob Grenier should or should not be considered members of the bargaining unit.
3In particular, the Board asks the parties to address an issue which appears to be noted in the officer’s report to the Board. It suggests that Denis Pion sustained a workplace injury some time ago and has not been at work for 12 months. The Board requires detailed submissions as to the connection which the parties say he does (or does not) retain with this employer. The Board would particularly ask the responding party to address the application, if any, of the Board’s decision in Megatech Electric Ltd., [1999] OLRB Rep. Oct. 858 to the facts of this case. All parties are to file their submissions with the Board on or before August 23, 2001, and to file any reply they wish to make to the submissions of other parties on or before August 31, 2001.
4I remain seized of this application to deal with any pre-hearing matters.
“David A. McKee”
for the Board