Ontario Labour Relations Board
1483-01-R Milaim Cengu, Applicant v. Retail, Wholesale/Canada CAW Division, Local 414, Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; August 30, 2001
1This is an application to terminate bargaining rights under section 63 of the Labour Relations Act, 1995 (the “Act”).
2By decision dated August 28, 2001 the Board ordered the taking of a representation vote in the absence of a response by the responding union.
3By letter dated Aug 29 the responding union asserts that “this application has not been served properly on the Union and does not comply with the rules. We would ask the board to dismiss the application for non-compliance with the rules”.
4The Certificate of Delivery attests to the fact that the application was served on a union official as required by the Board’s Rules of Procedure. In the absence of any particulars from the union as to how and in what manner the service was improper or did not comply with the Rules the Board is not prepared to change its earlier decision.
5This issue of compliance with the Board’s Rules may be raised before the panel scheduled to hear this application after the holding of the representation vote.
“Marilyn Silverman”
for the Board