0667-01-R Ontario Jockey Club Program Department, Applicant v. The Graphic Communications International Union, Local 500M, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Rundle and D. A. Patterson.
DECISION OF THE BOARD; June 1, 2001
The applicant has applied to the Board under section 63 of the Labour Relations Act, 1995 (the “Act”) for a declaration that the responding party no longer represents the employees in the bargaining unit for which it is the bargaining agent.
This application was filed on May 29, 2001. The applicant contends that the employees who are affected by this application are covered by a collective agreement between the responding party and the Ontario Jockey Club with an effective date of January 1, 2001, until December 31, 2002. The responding party states that the collective agreement has an effective date of January 1, 2000, not January 1, 2001, and agrees that the expiry date is December 31, 2002.
Whether the collective agreement is two years in duration, as the applicant submits, or three years as submitted by the responding party, the application is untimely by virtue of paragraph (a) of section 63(2), which reads:
63.(2) Any of the employees in the bargaining unit defined in a collective agreement may, subject to section 67, apply to the Board for a declaration that the trade union no longer represents the employees in the bargaining unit,
(a) in the case of a collective agreement for a term of not more than three years, only after the commencement of the last three months of its operation;
The application is dismissed.
The Ontario Jockey Club is directed to post copies of this decision adjacent to all previously posted copies of the application and the Form C-5. These copies are to remain posted for a period of 30 days from the date of this decision.
“Patrick Kelly”
for the Board