Ontario Labour Relations Board
Labourers’ International Union of North America, Local 527, Applicant v. 349977 Ontario Ltd., operating as Lacombe Waste Services, Responding Party.
Labourers’ International Union of North America, Local 527, Applicant v. 160275 Canada Inc. operating as Crown Transport, 349977 Ontario Ltd. operating as Lacombe Waste Services, George Neilson, Responding Parties.
Labourers’ International Union of North America, Local 527, Applicant v. 349977 Ontario Ltd., operating as Lacombe Waste Services, Responding Party.
BEFORE: Caroline Rowan, Vice-Chair.
APPEARANCES: Daniel Randazzo and Gerry Mullen for the applicant; Michael S. Ruddy, George Nielson and Tom Nielson for the responding party.
DECISION OF THE BOARD; August 15, 2001
Decision
1The style of cause is hereby amended to reflect the correct name of the responding party: "349977 Ontario Ltd., operating as Lacombe Waste Services".
2Having regard to the memorandum of settlement between the parties dated July 20, 2001 and to the request of the applicant, the applications in Board File Nos. 0247-01-U and 1009-00-U are hereby withdrawn with leave of the Board.
3The Board notes that the parties to the application for certification in Board File No. 3880-99-R have now resolved all outstanding issues in that application pursuant to the memorandum of settlement dated July 20, 2001.
4In addition, no other 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 March 30, 2000.
5On 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.
6The application in Board File No. 3880-99-R is therefore dismissed.
7The Board directs the parties’ and the employees’ attention to section 10(3) of the Act. Should an application for certification be filed within one year of the date of this decision, the effect, if any, of this decision and section 10(3) of the Act on that subsequent application may be determined, if necessary, at that time.
8The 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.
9Meeting and hearing dates set previously are hereby cancelled.
10The responding party is directed to post copies of this decision immediately, adjacent to all copies of the "Notice of Vote and of Hearing" posted previously. These copies must remain posted until the date that had been set for the hearing.
"Caroline Rowan"
for the Board