United Steelworkers of America v. Northcast Inc.
1529-01-R United Steelworkers of America, Applicant v. Northcast Inc., Responding Party v. Labourers’ International Union of North America, Local 527, Intervenor.
BEFORE: Marilyn Silverman, Vice-Chair, and Board Members J. A. Ronson and D. A. Patterson.
DECISION OF THE BOARD; August 30, 2001
This is a displacement application for certification.
The Registrar has certified that the applicant had been found to be a trade union in an earlier proceeding under the Labour Relations Act, 1995 (the “Act”). Therefore, having regard to the Registrar’s certificate and section 113 of the Act, the Board finds that the applicant is a trade union within the meaning of section 1(1) of the Act.
The employees are currently represented by the intervenor.
The employer and the intervenor submit that the application is untimely which position is supported on its face by the duration clause contained in the collective agreement filed in the application. However the applicant contends that the collective agreement is not valid having not been ratified by the bargaining unit members as contemplated by the Act.
Having regard to these circumstances, the applicant is required to file detailed and particularized submissions in support of its position that the application is timely. These submissions shall be filed with the Board and delivered to the other parties by no later than noon on Tuesday, September 4, 2001. The responding party and the intervenor shall have until Wednesday, September 5, 2001 at 5:00 p.m. to respond to these submissions following which the Board shall determine how next to proceed.
“Marilyn Silverman”
for the Board