0394-01-R Canadian Union of Skilled Workers, Applicant v. Powerline Utility Contractors Inc., Responding Party v. IBEW Construction Council of Ontario, Intervenor.
BEFORE: Inge M. Stamp, Vice‑Chair, and Board Members G. Pickell and G. McMenemy.
DECISION OF THE BOARD; June 5, 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 4, 2001.
3. On 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.
4. The application is therefore dismissed.
5. The attention of the parties and the employees is directed to the provisions of the Labour Relations Act, 1995, as amended (the "Act") and more particularly to section 10(3), as it may relate to any future application for certification.
6. 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.
7. The responding party is directed to post copies of this decision immediately, adjacent to the "Notice of Vote and of Meeting" posted previously. These copies must remain posted for a period of 30 days.
8. The Board notes that in light of paragraph 4 above it is not necessary to deal with the applicant’s trade union status issue raised in paragraph 2 of the Board’s decision dated May 4, 2001.
“Inge M. Stamp”
for the Board