Paul Mihalis, Mario Piper, Richard Doiron, Roy Bath v. Sheet Metal Workers’ International Association, Local 285
Board File No.
3611-00-R
Parties
Applicants: Paul Mihalis, Mario Piper, Richard Doiron, Roy Bath Responding Party: Sheet Metal Workers’ International Association, Local 285
Before: Marilyn Silverman, Vice-Chair.
Decision of the Board: June 11, 2001
Decision
1This is an application for termination of bargaining rights pursuant to section 63 of the Labour Relations Act, 1995, S.O. 1995, c.1 ('the Act').
2By correspondence dated June 8, 2001, counsel for the responding party advises that all allegations in opposition to the application are withdrawn.
3On 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.
4Having regard to the correspondence referred to in paragraph 2 above and the results of the vote, the Board declares that the responding party no longer represents the employees of Sterling Sheet Metal Manufacturing Inc. for whom it has heretofore been the bargaining agent in the following bargaining unit:
all employees of the Employer as defined in Article 1 of this Agreement, in the Province of Ontario, save and except those above the rank of working foremen, office and sales staff.
5The 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.
6Meeting and hearing dates set previously are hereby cancelled.
7A related application in Board File No. 0410-01-R remains outstanding. The applicants are directed to advise the Board within five (5) days of the date of this decision whether there is any reason for the Board to consider this second application, failing which it will be deemed terminated.
8The 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.
"Marilyn Silverman" for the Board