Elfried Eggink v. The International Union of Painters and Allied Trades, Local 200
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; September 12, 2001
1In response to the direction of the Board in its decision of August 7, 2001, the Board received submissions from the responding party (the “Union”) and the intervenor (the “Employer”). The applicant filed no submissions, and no party sought to reply to the submissions of any other party.
2The facts with respect to the employment of Denis Pion are undisputed. Both the Union and the Employer acknowledge that, on the basis of the rationale in Megatech Electric Ltd., [1999] OLRB Rep Oct. 858, Mr. Pion was not entitled to cast a ballot. Therefore his ballot will not be counted.
3There is also no dispute that Robert Grenier was not at work on the date in question. He was therefore not entitled to cast a ballot and his ballot will not be counted.
4The Union suggests only that if Mr. Grenier is not entitled to vote, neither should another individual. It is simply too late to make that challenge. The other individual’s ballot was not segregated. In any event, regardless of how his ballot was marked, even if it were possible to remove his ballot from those counted, the result would be the same.
5On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining unit were cast in opposition to the responding party.
6The Board declares that the responding party no longer represents the employees of 1343766 Ontario Inc. c.o.b. as Preston & Lieff Glass for whom it has heretofore been the bargaining agent in the following bargaining unit:
All employees engaged in Non-ICI construction work covered by the Responding Party’s Provincial “Non-ICI” agreement. The Non-ICI sector is defined as follows:
Shop work, including loading and unloading of materials, warehousing, cutting, processing, fabricating and other related inside duties as assigned.
Residential Glazing.
Maintenance and Replacement.
7The 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.
8Meeting and hearing dates set previously are hereby cancelled.
9The employer is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Hearing" posted previously. These copies must remain posted for a period of 30 days.
“David A. McKee”
for the Board