Ontario Labour Relations Board
3492-00-R Canadian Union of Public Employees, Applicant v. Fernie House, Responding Party.
BEFORE: Patrick Kelly, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; April 24, 2001
1The Board has received representations dated March 12, 2001 from the applicant concerning a second representation vote due to alleged polling irregularities during the representation vote on March 6, 2001. The applicant appears to have abandoned its request for a second representation vote, in correspondence dated March 26, 2001.
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.
3The application is therefore dismissed.
4The 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.
5The 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.
6Meeting and hearing dates set previously are hereby cancelled.
7The 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