Ontario Labour Relations Board
File No.: 1574-01-R United Steelworkers of America, Applicant v. Bayform, A Division of Bay Mills Limited, Responding Party.
Before: Patrick Kelly, Vice-Chair
Decision of the Board: October 5, 2001
Decision
1This is an application for certification.
2On 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.
3There remains in dispute the correct name of the responding party. Counsel for the responding party has provided to the Board and to the applicant documents in support of its position on this issue, and requests that the Board consider that evidence and issue a decision dismissing the applicant and identifying the responding party as "Saint-Gobain BayForm Canada Inc.". The applicant resists the responding party's request, although it provided no explanation for its resistance.
4While the Board is prepared to dismiss the application, I decline to amend the name of the responding party in the style of cause. The documents submitted by counsel for the responding party in support of the request appear to establish the existence of an entity named "Saint-Gobain Bayform Canada Inc."; but that in itself does not conclusively determine that such is the correct name of the entity whose employees the applicant sought to represent. Secondly, it does not make labour relations sense to conduct a hearing on this remaining issue. To the extent it becomes germaine to a future application under the Act, the responding party is free to raise the issue at that time. However, to be clear, I make no finding that the name of the responding party as indicated in the style of cause in this application is the correct name of the responding party.
5The application is therefore dismissed.
6The 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.
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 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.
"Patrick Kelly"
for the Board