United Steelworkers of America v. Concord Elevator Inc.
Board File Nos.: 1649-00-R; 1330-01-U; 1708-00-U Date: August 23, 2001 Ontario Labour Relations Board
Between: United Steelworkers of America, Applicant v. Concord Elevator Inc., Responding Party v. International Union of Elevator Constructors, Local 50, Intervenor.
Before: Patrick Kelly, Vice-Chair.
Appearances: Cathy Braker, Brando Paris and Robin Saini for United Steelworkers of America Marsha Lindsay, Margaret Bailey, Karma Ajodha, Everold Chatrie and Daniel Dean for Concord Elevator Inc. No one appearing for the intervenor.
Decision of the Board
1Board File No. 1649-00-R is an application for certification. Board File Nos. 1708-00-U and 1330-01-U are applications alleging unfair labour practices. I was assigned to deal with the application for certification and Board File No. 1708-00-U. Board File No. 1330-01-U was filed on August 7, 2001 and has not been fully processed or scheduled for hearing.
2The parties in all three matters (except the intervenor in the application for certification, who did not participate in the hearing of that matter) entered into a memorandum of settlement on August 21, 2001. Having regard to the agreement of the parties, the two unfair labour practice complaints are hereby terminated.
3With respect to the application for certification, the participating parties agreed that, but for two segregated ballots, all other ballots cast in the representation vote should be counted. Of the 244 ballots counted, 122 were cast in favour of the applicant, and 122 were cast against the applicant. As such, not more than fifty per cent of the counted ballots cast by employees in the bargaining unit were cast in favour of the applicant.
4The application for certification 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.
7The responding party is directed to post copies of this decision immediately in a location or locations in the workplace where it is likely to come to the attention of employees affected by the application for certification. Those copies must remain posted for a period of thirty days from the date of this decision.
"Patrick Kelly" for the Board