Rigby Air Employees v. United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787, 2001 CanLII 16862

Ontario Labour Relations Board

0378-01-R Rigby Air Employees, Applicant v. United Association of Journeypersons and Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada, Local 787, Responding Party v. Rigby Air Inc., Intervenor.

BEFORE: Marilyn Silverman, Vice‑Chair, and Board Members J. Knight and A. Haward.

DECISION OF THE BOARD; September 26, 2001

1. No 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 May 7, 2001.

2. On the taking of the representation vote directed by the Board, more than fifty per cent of the ballots cast by employees in the bargaining units were cast in opposition to the responding party.

3. The Board declares that the responding party no longer represents the employees of Rigby Air Inc. for whom it has heretofore been the bargaining agent in the following bargaining units:

all Journeyperson and Apprentice Refrigeration and Air Conditioning Mechanics, Maintenance Mechanics, save and except persons above the rank of working Forepersons, employed by Employers in the Province of Ontario engaged in all of the Employers’ maintenance and/or service activities and all construction work in the Province of Ontario, other than construction work in the Industrial, Commercial and Institutional Sector of the Refrigeration and Air Conditioning Trade

and

all Journeyperson and Apprentice Refrigeration and Air Conditioning Mechanics, save and except persons above the rank of working Forepersons, employed by Employers in the Province of Ontario engaged in the Industrial, Commercial and Institutional Sector in the Refrigeration and Air Conditioning trade.

4. The 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.

5. Meeting and hearing dates set previously are hereby cancelled.

6. The 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