Ontario Labour Relations Board
0744-01-R Canadian Union of Public Employees, Applicant v. Algoma District Health Unit, Responding Party.
BEFORE: Caroline Rowan, Vice‑Chair, and Board Members J. A. Ronson and H. Peacock.
DECISION OF THE BOARD; December 7, 2001
1No statement of desire to make representations with respect to an outstanding issue in dispute 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 July 16, 2001.
2The parties have agreed “that there are 5 segregated ballots and that the Board need not inquire into their status and that the Board should make its decision on this application based on the result of the 22 remaining ballots cast. The parties further agree that there is no other outstanding issue”. The Board assumes from that agreement that the parties have agreed that the 5 segregated ballots are not relevant to the outcome of the representation vote.
3On 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.
4The application is therefore dismissed.
5The 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.
6The 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.
7Meeting and hearing dates set previously are hereby cancelled.
8The 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.
“Caroline Rowan”
for the Board